IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1922 of 2002 (O&M) Date of decision:13.09.2010 National Insurance Company ....Appellant versus Smt. Manju Devi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Tejinderpal Singh, 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 Insurance Company is in appeal challenging liability on the ground that the deceased, who was a passenger in a car, was being used as a commercial vehicle, when there was no permit for use as such transport vehicle. The insurance had been done as though it was a private vehicle. It was elicited in evidence through the wife of the deceased herself that he had paid fare and was travelling in the vehicle. There had been a breach of terms of the policy and, therefore, the insurer could not have been made liable more than to satisfy the claimants and obtain recovery from the insured. FAO No.1922 of 2002 (O&M) - 2 - 2. The award of the Tribunal is modified and the Insurance Company's liability shall be only to satisfy the claim and shall have a right of recovery against the owner/insured. 3. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 13.09.2010 sanjeev