FAO No. 5608 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5608 of 2009 (O&M) Date of decision:- 12.7.2010 Ashok Kumar and another ......petitioners vs. United India Insurance Company and others ......respondents CORAM:- HON'BLE MR. JUSTICE K.KANAN Present: - Mr. Deepak Balyan, Advocate for the petitioners. Mr. Vinod Gupta, Advocate for respondent K.KANAN, J The appeal is by the owner and driver before the MACT who have been aggrieved by the fact that while allowing the claimants in a case of compensation for a death resulting to a passenger in a Jeep, the Tribunal granted the right of recovery of the amount to the insurer against the insured. I find no discussion in the order at all about the contention of the alleged violation of terms of the policy and the observations are to the effect that the deceased was an unauthorised non fare passenger. Jeep carries the passengers and it cannot be contended that the passengers found in the jeep are unauthorised. I have also FAO No. 5608 of 2009 (O&M) -1- seen the Insurance Policy which is a comprehensive insurance cover, the owner having paid extra premium for carrying the vehicle for 7+1 passengers. The exclusion of liability sought by the insured before the Tribunal ought to have been rejected and the award passed only against the insurer. The right of recovery granted by the Tribunal is erroneous and is set aside. Notice to the claimants- respondents No. 2 to 6 are dispensed with and the appeal is allowed with the modification that the liability to indemnify the insured shall subsist and no amount could be recovered against the insurer. (K.KANAN) JUDGE 12.7.2010 preeti