FAO No.744 of 2008 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.744 of 2008 Date of Decision.14.07.2010 United India Insurance Company Limited, having its Regional Office at Sector 17, Chandigarh through its Deputy Manager .........Appellant Versus Smt. Seema widow of deceased Manoj Kumar and others .......Respondents Present: Mr.Sanjeev Pabbi, 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 pleading exclusion of liability on the ground that the person that died was a passenger in a truck and according to the averments in the petition, he fell out of the truck when the driver applied the brake. Reading from the averments that the deceased was a painter, it is sought to be contended by the learned counsel that if it was a truck, there could not have been a passenger and the liability of the insurer cannot be attached. The insurance company will not be liable only for a gratuitous passenger in a truck. There are classes of persons, which Section 147(2) of the Motor Vehicles Act itself provides for, who being not passengers could still make the insurer liable such as when the passenger is owner of the goods travelling along with the goods FAO No.744 of 2008 -2- or he is a workman, who is travelling in a goods vehicle to whom the provisions of Workmen's Compensation Act would apply. It is for the insurer to plead exclusion of liability to specifically contend that the deceased or injured as the case may be was not included in either of the two categories. 2. There is not even a pleading before the Tribunal that the deceased was a gratuitous passenger. Consequently, there has not been even a point for consideration to that extent. 3. The insurance company cannot have a plea that the deceased was a gratuitous passenger and that the insurer will not be liable only at the time of arguments or by its reference in the grounds of appeal. The award of the Tribunal is confirmed and the appeal is dismissed. (K. KANNAN) JUDGE July 14, 2010 Pankaj*