IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4250 of 2010 (O&M) Date of decision:02.12.2010 Smt. Sona Devi ....Appellant versus Vinod Kumar and another ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Gourav Jain, Advocate, for the appellant. ---- 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 against the dismissal of the petition filed for compensation in a case where there was a collision between two motor vehicles. The claimants had filed a petition for compensation against the insurer of the vehicle in which the deceased was driving without making the other motorcyclist or his insurer a party. The right of enforcement of a claim against one's own insurer arises only where policy conditions make it possible. The Tribunal has dismissed it on an observation that the claimant will have no right of action against the insurer of the vehicle if he was himself a borrower or owner of the vehicle by applying the law laid down by the Hon'ble Supreme Court in Ningamma and another Versus United India Insurance Company Limited-2009 ACJ 2020. I cannot find fault with the same. FAO No.4250 of 2010 (O&M) - 2 - 2. The counsel seeks for permission to withdraw the petition and the appeal with liberty to file a fresh petition against the owner and the insurer of the other vehicle which was involved in the accident. 3. The appeal is dismissed as withdrawn with liberty as aforesaid. (K.KANNAN) JUDGE 02.12.2010 sanjeev