IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2603 of 2002 (O&M) Date of decision:01.10.2010 National Insurance Company Limited ....Appellant versus Bali Devi and another ...Respondents II. FAO No.2604 of 2002 (O&M) National Insurance Company Limited ....Appellant versus Jai Wanti and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, 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. In both the cases, the Insurance Company is in appeal challenging liability on the ground that the claimants were passengers in a gods carriage and they were not entitled to any insurance cover. The FIR lodged at the instance of the claimants themselves showed that they were going to a religious discourse and even the Criminal Court records which had been summoned and produced as R1 to R3 showed that they were all passengers in a goods carriage. The version, however, was FAO No.2603 of 2002 (O&M) - 2 - modified at the time of trial to state that they were all loadsmen engaged for the purpose of unloading some goods from the goods carriage. This was obviously a false statement for the purpose of the case. 2. Before the Tribunal reliance on behalf of the claimants was made on New India Assurance Company Versus Satpal Singh and others-2001(1) A.C.Com.171. The law laid down in so far as it makes the insurer liable has been set aside in a subsequent decision of three Member Bench of the Hon'ble Supreme Court in New India Assurance Company Versus Asha Rani-(2003) 2 SCC 223. The decision by the Tribunal has been rendered even when the reference was pending and, therefore, does not set out the law correctly. 3. The award making the insurer liable is set aside and the appeal is allowed. The liability shall be only against the owner/insured. (K.KANNAN) JUDGE 01.10.2010 sanjeev