FAO No.3313 of 1999 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3313 of 1999 DATE OF DECISION: March 3, 2011 THE NEW INDIA ASSURANCE CO. LTD. ...APPELLANT VERSUS SMT. RATNA DEVI AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? Yes 3. Whether the judgement should be reported in the digest? Yes ---- PRESENT: MR. SUMAN JAIN, ADVOCATE FOR THE APPELLANT. MS. TAPAN KAUR, ADVOCATE FOR MR. JAIVEER YADAV, ADVOCATE FOR THE RESPONDENTS. K.KANNAN, J.(ORAL) The appeal by the insurance company is on the issue of liability on the ground that the deceased fell down from the scooter and suffered fatal injuries. The petition had been originally filed under Section 166 and later converted as application under Section 163-A of the Act. A person who comes to harm by his own conduct does not leave a trail of cause of action for the legal representatives to claim under Section 163-A. The right of enforcement will be for only in cases where under any special terms of the policy there is a risk which is covered or in situations where the owner of the vehicle is bound to take compulsory insurance cover for the insured person or the deceased (such as, requirement under Workmen Compensation Act) or in situations where there is a FAO No.3313 of 1999 -2- personal accident cover for death or injuries for a person who is insured. In this case, the deceased had no particular term of insurance policy to make the insurer liable, nor was the deceased a workman to whom the benefit of Workmen Compensation Act could apply. The only entitlement for the legal representatives would be to make the insurer liable for `50,000/- on no-fault basis under Section 140 of the Motor Vehicles Act in the manner provided by the Hon'ble Supreme Court in Eshwarappa vs. Gurushanthappa, 2010(8) SCALE 263. The appeal by the insurance company is allowed, but subject to the liability as mentioned above. March 3, 2011 (K.KANNAN) Gagan/Gulati JUDGE