IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.489 of 1994 (O&M) Date of decision:13.09.2010 National Insurance Company Limited ....Appellant versus Smt. Jawantri Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. L.M.Suri, Senior, Advocate, with Mr. Neeraj Khanna, Advocate, for the appellant. None 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 appeal is by the Insurance Company denying liability on the ground that the deceased, who was travelling in a tractor-trolley, was not covered by a policy of insurance. The trolley itself was not insured but the Tribunal found that there must be a specific exclusion of liability for a passenger in a goods carriage. It is a wrong statement of law and in contravention of the law laid down by the Hon'ble Supreme Court in National Insurance Company Limited Versus Asha Rani and others-2003 ACJ 1. The award of the Tribunal in casting the liability of the Insurance FAO No.489 of 1994 (O&M) - 2 - Company is set aside and the appeal is allowed. The liability however shall be borne only by the owner of the vehicle namely, the Haryana Roadways, Kurukshetra. 2. This is a case of death of a passenger in a trolley which dashed with the bus bearing vehicle No.HR-07-2819 of Haryana Roadways. The Tribunal found the tractor driver as responsible for the accident. Unfortunately, the owner of the tractor was itself not made as a party. The liability shall be borne by the driver-cum- owner of the tractor Devi Ram, who is arrayed as the 6th respondent in the appeal. In any amount has been recovered by the claimants from the insurer, the insurer shall enforce his right not from the claimants but from the insured only. (K.KANNAN) JUDGE 13.09.2010 sanjeev