FAO No.1163 of 1991 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1163 of 1991 Date of Decision.13.07.2010 New India Assurance Co. Ltd., Yamuna Nagar through its duly constituted attorney .........Appellant Versus Sukhvinder Singh son of Khazan Chand and others .......Respondents Present: Mr. L.M. Suri, Senior Advocate with Mr. Neeraj Khanna, Advocate for the appellant. Mr. P.S. Rana, Advocate 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 insurance company is in appeal seeking for restriction of liability to what is statutorily provided under Section 95 of the Motor Vehicles Act, 1939. The accident took place on 09.05.1989 that is prior to the coming to the force of the Motor Vehicles Act, 1988. The policy is from 29.07.1988 to 28.07.1989. Admittedly, there was a valid insurance cover but the Tribunal has awarded the entire amount of Rs.1,88,000/- against the insurer only. 2. Learned Senior Counsel appearing for the insurer refers to the terms of the policy that restricts a company's liability to what is statutorily provided. It is an Act Policy and the extent of cover that FAO No.1163 of 1991 -2- would be available to the insured is Rs.1,50,000/-. The amount awarded in excess could be recovered by the claimant only against the owner of the truck. The award of the Tribunal is, under the circumstances, modified restricting the liability of the appellant only to Rs.1,50,000/- and the claimant shall have a right of recovery for the remaining amount with interest against the owner of the truck, who is arrayed as respondent No.2. The owner will also be vicariously liable for the negligence of the driver and there shall be no personal liability to the driver. 3. The appeal is allowed to the above extent only. (K. KANNAN) JUDGE July 13, 2010 Pankaj*