FAO NO. 1219 OF 1996 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO NO. 1219 OF 1996 DECIDED ON 29.6.2010. New India Assurance Co. -----Appellant Vs. Krishan and others -------Respondents CORAM HON'BLE MR. JUSTICE K.KANNAN Present:- Mr. L. M. Suri, Sr. Advocate with Mr. Neeraj Khanna, Advocate for the appellant. Mr. Tarun Deep Kumar, Advocate for Mr. Hemant Bassi, Advocate Mr. R. S. Bains, Advocate *** K. Kannan, J (Oral) 1. The Insurance Company seeks to exclude itself from the liability on the ground that the vehicle was insured under Comprehensive Insurance Policy as a private vehicle but there had been a breach of the policy by allowing passengers to be carried on hire. 2. This contention of the Insurance Company had been denied by the petitioner and on an argument which was advanced before the Tribunal, it had taken the exercise of examining the evidence and has held that the petitioner was traveling in the trax van for the reason that he was familiar with the relation of the owner and the vehicle was going towards Mundhal. The Court found that the passengers were merely gratuitous and FAO NO. 1219 OF 1996 2 in such a event Insurance Company could not deny the liability when there was Comprehensive Insurance. Nothing is brought out in appeal to discredit the findings of the Tribunal. The appeal is without merits, it is dismissed. There shall be, however, no order as to the costs. 29.06.2010 ( K.KANNAN ) mamta JUDGE