Punjab-Haryana High Court
Bajaj Allianz General Insurance ... vs Smt. Lachho And Others on 6 May, 2014
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.2355 of 2010 (O&M)
Date of decision:06.05.2014
Bajaj Allianz General Insurance Company Limited ... Appellant
versus
Smt. Lachho and others .... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Subhash Goyal, Advocate,
for the appellant.
None for the respondents.
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K.Kannan, J. (Oral)
1. The appeal is at the instance of the insurer on a singular consideration that the deceased travelling on a mudguard leaves no trail of cause of action for the legal representatives to proceed against the insurer. The Tribunal had determined a compensation and directed the insurer to make the payment and obtain recoveries from the owner and driver.
2. The award is erroneous in so far as it casts liability on the insurer. There is no risk coverage for a passenger in a tractor. The liability shall be only on the owner and driver. The award is modified to allow for the compensation as determined by the Tribunal, namely, ` 4,42,000/- to be recovered only against the respondents 1 and 2 in the claim petition. The liability cast on the Kumar Sanjeev 2014.05.08 17:04 FAO No.2355 of 2010 (O&M) -2- insurer is set aside and the appeal by the insurer is allowed to the above extent.
(K.KANNAN) JUDGE 06.05.2014 sanjeev Kumar Sanjeev 2014.05.08 17:04