F.A.O.NO. 1886 OF 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1886 OF 2008 Date of decision:12th November, 2010 United India Insurance Company Limited, having its regional office at SCO No. 123-124, Sector 17-B, Chandigarh through Sh. Baljit Singh, Deputy Manager(Legal) .......Appellant Versus Smt. Bhateri and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Vikas Mohan 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 only issue for consideration is whether the insurer could be made liable in a case where the deceased was travelling on a mud guard of a tractor. This Court had occasion to consider the same with reference to the decisions of the Hon'ble Supreme Court and the cases have been dealt with fairly elaborate details in Oriental Insurance Co. Ltd. vs. Gurmail Kaur in FAO No. 5063 of 2006 dated 28.04.2010, New India Insurance Company vs. Surinder Kaur in FAO No. 635 of 2005 dated 01.09.2010 and United India Insurance Company F.A.O.NO. 1886 OF 2008 2 Ltd. vs. Sunita Devi in FAO No. 2656 of 2007 dated 12.08.2007. In my considered view, it shall not become possible for making a successful claim against the insurer for death or bodily injury to a person travelling on a tractor. The remedy shall be confined only against the owner and the driver of the tractor. The Insurance Company is exonerated and the award is in so far as it makes direction to the insurer to satisfy the claim is set aside. The liability shall subsist only against the owner and driver of the offending vehicle. The appeal is allowed to the above extent. 2. It is represented that the Insurance Company has already made the payment pursuant to the award. The right of recovery shall avail to the insurer only against the insured and not against the claimants. The amount of Rs. 25,000/- deposited at the time of preferring the appeal shall be permitted to the withdrawn by the insurer. [K.KANNAN] JUDGE 12th November, 2010 Shivani Kaushik