Punjab-Haryana High Court
Naresh Kumar And Another vs New India Assurance Co. Ltd. And Others on 18 March, 2014
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 854 of 2004 (O&M)
Date of decision: March 18, 2014
Naresh Kumar and another
...Appellants
Versus
New India Assurance Co. Ltd. and others
...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?
Present: Mr. RS Ahluwalia, Advocate,
for the appellants.
Mr. Suman Jain, Advocate,
for the insurance company.
K. KANNAN, J. (Oral)
The passengers in goods carrier were allowed compensation and the Tribunal made the owner to pay up the compensation and exonerated the insurance company. The appellant owner has a contention to make that the insurance company should have been made liable. I cannot accept this argument in the light of the judgment in New India Assurance Co. Ltd. Versus Asha Rani AIR 2003 Supreme Court 607, that held that a gratuitous passenger in a goods vehicle gets no insurance cover for any risk resulting in death or injury. The cause of action is only against the owner and the driver, as rightly assessed by the Tribunal. There is no scope for intervention. The appeal is dismissed.
March 18, 2014 (K.KANNAN)
prem JUDGE
Singh Prem
2014.03.21 10:55
I attest to the accuracy and
integrity of this document
High Court Chandigarh
Singh Prem
2014.03.21 10:55
I attest to the accuracy and
integrity of this document
High Court Chandigarh