F.A.O.NO. 2529 OF 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 2529 OF 1994 Date of decision: 21st September, 2010 Oriental Insurance Company Limited, through Manger, Regional Office, SCO No. 109-110-111, Sector 17, Chandigarh .......Appellant Versus Ram Avtar and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Gautam Bhardwarj, Advocate, for Mr. N.K.Khosla, Advocate, for the appellant. Mr. R.A.Yadav, Advocate, for respondent No. 1. None for respondent Nos. 2 and 3. 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K.Kannan, J.(Oral) The Insurance Company is on appeal challenging the liability on the ground that the insured was guilty of breach of terms of the policy. The breach complained of was that he was a gratuitous passenger in a goods carriage. The evidence however, was that the claimant was travelling in the truck with tent articles loaded in the vehicle and that he was going along with the goods as a representative of the owner. Such a person is entitled to compulsory F.A.O.NO. 2529 OF 1994 2 insurance cover as per Section 147 of the Motor Vehicles Act and fully protected as per the judgment New India Assurance Co. Ltd. vs. Asha Rani and others (2003) 2 SCC 223. The liability cast on the insurer is therefore, perfectly justified and the appeal shall stand dismissed. [K.KANNAN] JUDGE 21st September, 2010 Shivani Kaushik