IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3633 of 2006 (O&M) Date of decision:29.09.2010 National Insurance Company Limited ....Appellant versus Sat Pal and others ...Respondents II. Civil Revision No.4357 of 2006 (O&M) National Insurance Company Limited ....Appellant versus Bhim Singh and others ...Respondents III. Civil Revision No.4358 of 2006 (O&M) National Insurance Company Limited ....Appellant versus Shimla and others ...Respondents IV. Civil Revision No.4359 of 2006 (O&M) National Insurance Company Limited ....Appellant versus Sunder Dass and others ...Respondents FAO No.3633 of 2006 (O&M) - 2 - V. Civil Revision No.4360 of 2006 (O&M) National Insurance Company Limited ....Appellant versus Hardev Singh and others ...Respondents VI. Civil Revision No.4361 of 2006 (O&M) National Insurance Company Limited ....Appellant versus Ram Dass and others ...Respondents ----- CORAM: HON’BLE MR. JUSTICE K. KANNAN ----- Present: Mr. Vivek Singal, 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 appeal and civil revisions are against the awards passed by the Tribunal in respect of claims arising out of persons, who were admittedly being carried in a goods vehicle. All of them were reported to be members of a marriage party and admittedly gratuitous passengers. The claim of the Insurance Company was that risk of such persons in a FAO No.3633 of 2006 (O&M) - 3 - goods carriage was not covered. The Tribunal did not frame any particular issue and has even omitted to make a reference to the defence by the insurer that there was no liability for the insurer for the claims arising out of such an accident. The learned counsel, however, points out that the parties knew what the dispute was about and there have been consistent evidence and statement by parties that they were members of the marriage party. The award of the Tribunal making the insurer liable under such a situation conflicts with law laid down by the Hon'ble Supreme Court in New India Assurance Company Limited Versus Asha Rani and others-2003 ACJ 1. The award against the Insurance Company is set aside and all the appeals and the revisions are allowed. (K.KANNAN) JUDGE 29.09.2010 sanjeev