FAO No.1574 of 1992 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1574 of 1992 Date of Decision. 03.08.2010 United India Insurance Co. Ltd., through Shri R.P. Sharma, Assistant Manager, 136, Feroze Gandhi Market, Ludhiana ......Appellant Versus Rahul Minor son of Vinod Kumar son of Kasturi Lal and others ......Respondents Present: Mr. Ravinder Arora, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 challenges the determination of the compensation by the Tribunal at Rs.2,05,000/- for the representatives of a deceased-pedestrian on the ground that the terms of policy under the Motor Vehicles Act of 1939 restricted the liability to any one accident to Rs.1,50,000/- for a goods vehicle and the Tribunal without regard to the statutory limit provided for a claim for compensation against the insurer in excess thereof. 2. The issue is literally an open and shut situation of a statutory capping of liability of a goods vehicle under the Motor Vehicles Act of 1939 and the untenability of making the insurer liable to pay an amount in excess of the same. I would, therefore, modify FAO No.1574 of 1992 -2- the award of the Tribunal in so far as it cast the liability on the insurer to be capped to Rs.1,50,000/- with interest as awarded by the Tribunal from the date of petition till realization and the excess amount over Rs.1,50,000/- with interest shall be recovered from the owner/insured of the truck. If the entire amount has been recovered by the claimant in the meanwhile, the right of recovery by the insurance company shall be available only against the owner, who are arrayed as respondent Nos.2 and 3. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE August 03, 2010 Pankaj*