FAO No.1408 of 2004 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1408 of 2004 Date of Decision. 15.09.2010 Oriental Insurance Company Limited, through its Asstt Manager, SCO No.109-111, Sector 17-D, Chandigarh ......Appellant Versus Kavita Mahajan wd/o Sh. Sunil Mahajan and others ......Respondents Present: Mr. Rahul Garg, Advocate for Mr. Ashwani Talwar, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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 appeal is by the insurance company denying the liability on the ground that the deceased was admittedly a gratuitous passenger in a goods carriage. The Tribunal relied on a judgment of the Hon'ble Supreme Court in New India Assurance Company Ltd. Vs. Satpal Singh and others AIR 2000 SC 235 and held that the insurance company is liable. The decision in so far as it refers to passenger in a goods carriage has been stated to be not laid down correctly in New India Assurance Company Limited Vs. Asha Rani 2003 ACJ 1. The award of the Tribunal against the insurer cannot be sustained. The award is set aside and the claimant shall have a right of enforcement of the award only against the owner of the FAO No.1408 of 2004 -2- vehicle, Satish Mahajan, who is arrayed as 5th respondent in appeal. 2. The award is set aside and the appeal is allowed to the above extent. If any portion of the award has been recovered against the insurer, the insurer shall enforce its right of refund only against the owner insured and not against the claimants. (K.KANNAN) JUDGE September 15, 2010 Pankaj*