FAO No.428 of 1993 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.428 of 1993 Date of Decision. 16.08.2010 The New India Assurance Company Limited, through its Regional Manager, Sector 17, Chandigarh ......Appellant Versus Sunita Devi wd/o Sukhbir Singh and others ......Respondents Present: Mr. Deepak Suri, Advocate for the appellant. Mr. Suraj Mal Kundu, Advocate for Mr. Ramesh Hooda, Advocate 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 on appeal challenging the liability on the ground that the person, who died in the accident was seated on the ceiling portion over the cabin of a truck. The deceased among other 13 persons, was going to a political rally. Evidently he was not authorized to travel on the upper portion of the cabin and a truck itself is not meant for carrying passengers. The liability cast on the insurer was definitely untenable. The owner has to take responsibility for the accident. The award against the insurer is consequently set aside and the appeal is allowed. 2. For a modest award of Rs.45,000/- that the Tribunal FAO No.428 of 1993 -2- granted, it appears to have been worked out by the claimants realizing the amount from the insurer. Having regard to such an eventuality, the insurer shall claim the amount that it has paid to the claimants only from the insured/owner of the vehicle and not from the claimants. (K. KANNAN) JUDGE August 16, 2010 Pankaj*