FAO No.391 of 1990 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.391 of 1990 DATE OF DECISION: January 14, 2011 M/S UNITED INDIA INSURANCE CO. LTD. ...APPELLANT VERSUS RAM KISHAN & OTHERS ...RESPONDENT 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. SUVIR DEWAN, ADVOCATE FOR THE APPELLANT. MS. VANDANA MALHOTRA, ADVOCATE FOR THE RESPONDENT NO.9 NONE FOR THE REMAINING RESPONDENTS. K.KANNAN, J.(ORAL) The appeal is at the instance of the insurer challenging the liability cast on the insurance company for a gratuitous passenger for a truck. The award had been rendered against the insurance company on a reasoning that the deceased person was a fellow traveller alongwith the owner of the truck who was also seated in the truck. A friendship of the deceased to an owner cannot give him a status differently to make insurer liable. The liability for payment shall be only on the owner-insured and not on the insurer. The award of the Tribunal casting the liability on the insurance company is set aside and the appeal by the insurance company is allowed with the right of enforcement of the award being available for the claimants only against the insured. FAO No.391 of 1990 -2- If any amount has been recovered by the claimant against the insurer, that portion of the amount shall be recovered by the insurer from the insured and not from the claimant. January 14, 2011 (K.KANNAN) Gulati JUDGE