F.A.O.NO. 1049 OF 1994 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 1049 OF 1994 Date of decision:28th September, 2010 National Insurance Company Limited S.C.O.337-340, Sector35-B, Chandigarh, through its duly constituted attorney. .......Appellant Versus Natho Devi and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. Tejinder Pal Singh, 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 Insurance Company is in appeal challenging the liability on the ground that the deceased was travelling in a goods carriage. The contention in evidence was that the animal hyde was transported in the vehicle and the deceased had paid Rs. 160/- for transporting the same. The accident has taken place on 18.01.1992, before the amendment of the Motor Vehicles Act, 1954 that came into effect on 14.11.1994 as Motor Vehicles Act, 1994. In terms of the decision of the Hon'ble Supreme Court in New India Assurance Co. Ltd. vs. Asha Rani and others (2003) 2 SCC 223, there was no F.A.O.NO. 1049 OF 1994 2 compulsory requirement for a policy for passenger travelling along with the goods. The award of the Tribunal against the insurer was therefore, not tenable. 2. At the time of admission of this appeal, this Court had refused stay and if the amount has already been recovered from the insurer, the Insurance Company will have a right of recovery against the owner insured only. The award of the Tribunal is modified and the appeal is allowed to the above extent. [K.KANNAN] JUDGE 28th September, 2010 Shivani Kaushik