FAO No.216 of 1991 & X-Objection No.64-CII of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. FAO No.216 of 1991 & X-Objection No.64-CII of 1991 DATE OF DECISION: February 3, 2011 NEW INDIA ASSURANCE COMPANY LTD. ...APPELLANT VERSUS SMT. MITRO ETC. ...RESPONDENTS 2. FAO No.215 of 1991 NEW INDIA ASSURANCE COMPANY LTD. ...APPELLANT VERSUS TEK RAM AND OTHERS ...RESPONDENTS 3. C.R. No.584 of 1991 NEW INDIA ASSURANCE COMPANY LTD. ...PETITIONER VERSUS SMT. SUNEHRI AND OTHERS ...RESPONDENTS 4. C.R. No.585 of 1991 NEW INDIA ASSURANCE COMPANY LTD. ...PETITIONER VERSUS MAMDEEN AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE K.KANNAN. 1. Whether reporters of local papers may be allowed to see the judgement? No 2. To be referred to the reporters or not? No 3. Whether the judgement should be reported in the digest? No ---- PRESENT: MR. L.M. SURI, SR. ADVOCATE WITH MR. NEERAJ KHANNA, ADVOCATE FOR THE APPELLANT. NONE FOR THE RESPONDENTS - X-OBJECTORS. FAO No.216 of 1991 & X-Objection No.64-CII of 1991 -2- K.KANNAN, J.(ORAL) Both the appeals and two civil revisions arise out of the same accident where three injured persons and a representative of the deceased person made claims for compensation for the motor accident when they were travelling in the insured's truck. The truck was carrying cement and even the averments of the petition stated that they were waiting near the bus stand and they took the lift in the truck. The owner-insured took a defence that he had not committed any violation of terms of policy, but the driver had unauthorizedly taken the passengers. There is no policy of insurance company for gratuitous passengers in a goods vehicle. The liability as determined by the Tribunal could not, therefore, be fastened on the insurer. The right of entitlement of enforcement will, therefore, be available only against the driver who was a tort-feasor and against the owner vicariously, for the action of the driver. I reject the contention of the owner that the driver had taken the passengers without his concurrence if this was meant to be stated as merely to escape the vicarious liability. X-Objection No.64-CII of 1991 There is no representation on behalf of the respondents-X- objectors. X-objections are dismissed for non-prosecution. Both the appeals and revisions are allowed with such modification as referred to above. February 3, 2011 (K.KANNAN) Gulati JUDGE