IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 4924 of 2006 (O&M) Date of decision : 30.10.2006 New India Assurance Company Limited ....Appellant Versus Bhajan Kaur and others ...Respondents CORAM : HON'BLE MR.JUSTICE UMA NATH SINGH HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Ravinder Arora, Advocate for the appellant. ... MAHESH GROVER, J. In this appeal by the insurer against the award of the Motor Accident Claims Tribunal, Ferozepur dated 31.7.2006 in M.A.C.T. Case No.3 of 3.8.2004/10.3.2005 the only contention raised by the learned counsel for the appellant is that the truck which was the offending vehicle was carrying 40 to 50 passengers and since this amounted to breach of the conditions of the policy, the appellant could not be held liable. We have heard the learned counsel for the appellant and have perused the award. In the accident which is alleged to have taken place on 11.3.2004 the deceased Mangal Singh was going on his camel cart loaded with wooden pieces when the truck in question came and struck against the cart resulting in the death of Mangal Singh. The version of the accident has not been disputed and the FAO No. 4924 of 2006 (O&M) -2- liability as fastened by the Tribunal has been assailed only on the ground that the truck was being used in contravention of the conditions of the policy. The deceased was not from amongst the passengers who were allegedly being ferried in the truck but was travelling in his own cart. The deceased was, therefore, a third party in so far as the appellant is concerned. Nothing has been shown from the record as to whether the carrying of passengers in itself was the cause of the accident. The plea of the appellant could have been maintainable if the deceased was a passenger in the offending vehicle. For the reasons stated above, there is no merit in the appeal and the same is dismissed as such. (MAHESH GROVER) JUDGE 30.10.2006 (UMA NATH SINGH) JUDGE dss