FAO No.2025 of 1997 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2025 of 1997 DATE OF DECISION: January 28, 2011 UNITED INDIA INS. CO. LTD. ...APPELLANT VERSUS USHA & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. NEERAJ KHANNA, ADVOCATE FOR MR. RAVINDER ARORA, ADVOCATE FOR THE APPELLNAT-INSURANCE COMPANY. NONE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) 1. The Registry has reported that service has been made on the respondent by affixture since he was not available at the time of service. The case is of the year 1997 and I would take, therefore, the service by affixture as sufficient and take up the case for consideration on merits. 2. The appeal is by the insurance company on the ground that for a claim arising out of death of a gratuitous passenger in a goods carriage, there could not have been a liability for enforcement of the claim against the insurer. This contention was repulsed by the Tribunal on the ground that where a person was authorized or unauthorized, so long as the vehicle was insured, the liability was to be fastened on the insurance company. The reasoning of the Tribunal is erroneous and conflicts with the law laid down by the Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. Asha FAO No.2025 of 1997 -2- Rani, reported as 2003 2 SCC 223. The award of the Tribunal insofar as it cast liability on the insurer is set aside and the appeal by the insurer is allowed. 3. If any amount has been recovered by the claimant pursuant to the award against the insurer, the insurance company shall recover the same only against the insured-owner and not against the claimant. If the amount of `20,000/- which was deposited before this Court still remains in deposit, the insurance company shall be permitted to withdraw the same. January 28, 2011 (K.KANNAN) Gulati JUDGE