F.A.O.NO. 577 OF 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 577 OF 2006 Date of decision:27th July, 2010 United India Insurance Company Limited .......Appellant Versus Om Parkash and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Jagtar Kureel, Advocate for Mr. D.P.Gupta, Advocate, for the appellant. None for the respondents. 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) 1. The appeal is filed at the instance of the Insurance Company where the claimants are the legal representatives of the deceased driver of the scooter. The deceased was borrower from the owner of the scooter. The accident is said to have taken place by the vehicle dashing against the railing on the road side. The claimants can have no cause of action against the owner or the insurer for he merely steps into the shoes of the insured, in the manner laid down by the Hon'ble Supreme Court in Ningamma and another Versus United India Insurance Company Ltd. (2009) ACJ 2020. F.A.O.NO. 577 OF 2006 2 2. In view of what has been stated hereinabove, the award is set aside and the appeal is allowed. [K.KANNAN] JUDGE 27th July, 2010 Shivani Kaushik