IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1059 of 2003 Date of decision:13.09.2010 National Insurance Company Limited ....Appellant versus Smt. Laxmi and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, 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 was travelling as a passenger in a goods carriage namely, Tata 407 that had been insured with the appellant. The accident had occurred by a collision of the insured's vehicle with the tractor. The Tribunal found that the negligence was of the driver of the insured's vehicle. The deceased was a policeman and not any of the excepted categories, of persons who could be authorized to travel in a goods carriage such as a workman or an owner of the goods travelling along with the goods. 2. There was no need for an insurance cover and on a plea by FAO No.1059 of 2003 - 2 - the insurer that there was no valid insurance, the Tribunal relied on a judgment of the Hon'ble Supreme Court in New India Insurance Company Versus Satpal and others-2000(1) PLR-464. This decision has been found to be not laying down the correct law in a subsequent judgment in New India Assurance Company Limited Versus Asha Rani and others-2003 ACJ 1. The award of the Tribunal against the Insurance Company is set aside and the appeal is allowed. The claimants shall have a right of enforcement of the award only against the owner of the vehicle, who is the 8th respondent. If any amount has been recovered in the meanwhile by the claimants from the appellant, the appellant shall apply for refund of the same only against the insured and not against the claimants. (K.KANNAN) JUDGE 13.09.2010 sanjeev