IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.43 of 2000 (O&M) Date of decision:29.09.2010 M/s United India Insurance Company Limited ....Appellant versus Swarni and others ...Respondents II. FAO No.44 of 2000 (O&M) M/s United India Insurance Company Limited ....Appellant versus Jagtar Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ----- Present: Mr .Raj Kumar Bashamboo, Advocate, for the appellant. Mr. Vishal Goel, Advocate, for Mr. P.K.Gupta, Advocate, for the respondents. ----- 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 in both the cases, one for a claim arising out of death of the driver driving a tractor and the other for a claim arising out of death of a labourer of the owner sitting on the tractor. The contention was that the tractor is not designed to carry passengers and there is no coverage of risk for a person who travels in the tractor. FAO No.43 of 2000 (O&M) - 2 - 2. The policy of insurance shows that the risk to bodily injury or death for a driver is also covered. Therefore, in respect of the claim by the legal representatives of the deceased driver, the Insurance Company is bound to satisfy the claim. The award passed by the Tribunal fastening the liability on the insurer is, therefore, justified. The appeal in FAO No.43 of 2000 is dismissed. 3. As regards the injury suffered by the labourer while travelling on the mudguard of the tractor, it is a different situation. The policy terms, I have also examined and it covers the risk of the driver of the tractor only. A workman, who will be entitled to be covered for risk under the Workmen's Compensation Act will be for a person who is authorized to travel in a goods carriage. A tractor is not a goods carriage. Tractor is not designed to carry passengers. It has been held by the decisions of the Hon'ble Supreme Court in National Insurance Company Versus Darshna Devi-2008(7) SCC 416 that there would be no liability for an insurer for a person travelling on the mudguard of a tractor. The same position is also laid down in still an earlier decision in National Insurance Company Limited Versus Vedwati-2007(9) SCC 486. The award of the Tribunal casting liability on the insurer for a claim for injuries sustained by the workman while travelling on the mudguard of the tractor is set aside and the appeal by the insurer shall stand allowed. (K.KANNAN) JUDGE 29.09.2010 sanjeev