FAO No. 2120 of 2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH FAO No. 2120 of 2011 Date of decision May 26, 2011 New India Assurance Company Ltd. ....... Appellant Versus Rajwinder Kaur and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr.Ashwani Talwar , Advocate for the appellant. Mr. Vipin Mahajan , Advocate for respondent Nos. 1 to 5. **** 1. Whether reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the reporters or not? No 3. Whether the judgment should be reported in the digest?No K. Kannan, J (oral). CM No. 6851-CII of 2011 1. There is a delay of 8 days in filing the appeal. For the reasons stated in the application, application is allowed. Delay of 8 days in filing the appeal is condoned. FAO No.2120 of 2011 2. The only point urged in the appeal by the insurer is that the deceased was himself a driver of the motor cycle and he died in the accident when he slipped and fell down from the motor cycle. 3. The Insurance Company states that there was a personal accident cover to the owner-cum-driver to the extent of FAO No. 2120 of 2011 2 `1,00,000/-. The compensation assessed at `2,24,000/- according to learned counsel is not tenable and if at all, the insurance company could have been made liable only to the tune of `1,00,000/- being a limit of liability under the terms of the policy. 4. I uphold the contention. The award is modified and the appeal is allowed to provide for liability as restricted to `1,00,000/- with interest as awarded by the Tribunal. (K. KANNAN) JUDGE May 26 , 2011 archana