F.A.O.NO. 3667 OF 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O.NO. 3667 OF 2002 Date of decision:22nd September, 2010 National Insurance Company Limited, Regional Office, II, SCO No. 337-340, Sector 35-B, Chandigarh, through Sh. Gopal Krishan, Asstt. Admn. Officer. .......Appellant Versus Smt. Santosh and others ........Respondents BEFORE: HON'BLE MR. JUSTICE K.KANNAN Present: Mr. R.M.Suri, 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 casting on the insurer for a claim arising out of the death of a pillion rider on a scooter. The scooterist was alleged to have driven the vehicle rashly and negligently, dashed against a tractor and caused the fatal injuries. The owner of the tractor or the insurer were themselves not made parties. The claimants action was proceeded only against the owner of the scooter and the insurer. 2. I have seen through the terms of the policy. It is an Act F.A.O.NO. 3667 OF 2002 2 only Policy and the basic premium alone has been paid. There shall be no liability for an insurer to cover the risk of a pillion rider, in terms of the judgment of the Hon'ble Supreme Court in United India Insurance Co. Ltd. versus Tilak Singh (2003) 2 SCC 223 and followed in Oriental Insurance Co. Ltd. v. Sudhakaran(2008) 7 SCC 428. 3. The award of the Tribunal under circumstances is set aside and the right of enforcement of the award shall stand restricted only against the insured/owner of the vehicle. If any amount has been recovered from the insurer during the pendency of the appeal, the right of recovery shall be inforced by the insurer only against the insured and not against the claimants. [K.KANNAN] JUDGE 22nd September, 2010 Shivani Kaushik