FAO No.726 of 1989 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.726 of 1989 Date of Decision. 30.07.2010 The New India Assurance Company Limited, Ambala through its duly constituted attorney .........Appellant Versus Shrimati Raj Bala wd/o Jagpal Singh and others .......Respondents Present: Mr. L.M. Suri, Senior, Advocate with Mr. Neeraj Khanna, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The insurance company is in appeal denying the liability on the ground that under an old dispensation of Motor Vehicles Act, there shall be no liability for any death or injury for a passenger in a goods vehicle. The deceased was said to have gone in the vehicle with some wheat bags and after depositing them at the Mandi, he was returning with the empty bags. The liability under the 1939 Act did not provide for a compulsory cover of insurance for an owner of the goods travelling with the goods. The policy of insurance filed shows that it was insured as a commercial vehicle. Although, it was a comprehensive policy, it did not still include the risk to a FAO No.726 of 1989 -2- passenger in a goods vehicle. The liability cast on the insurer was clearly wrong and the award of the Tribunal is, under the circumstances, set aside and the appeal is allowed. 2. However, if any amount has been recovered by the claimants against the insurer, the same shall not be recovered by the insurer from the claimants but its right of enforcement shall be secured only against the insured, Sh. Jagat Singh, who is arrayed as 6th respondent in the appeal. (K. KANNAN) JUDGE July 30, 2010 Pankaj*