IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

FAO No.1194 of 2008 and

FAO No.1195 of 2008

Date of decision:12.08.2010

New India Assurance Company Limited

...Appellant

Versus

Ram Niwas @ Ram Kishan and others

....Respondents

Present:

Mr. Aswani Talwar, Advocate, and Mr. Rahul Garg,

Advocate, for the appellant.

Mr. Neeraj Khanna, Advocate, for respondent No.1 in

FAO No.1194 of 2008 and for respondents 1 to 3 in FAO

No.1195 of 2008

Mr. Sandeep Thakan, Advocate, for Mr. Jagjeet Beniwal,

Advocate, for respondents 2 and 3 in FAO No.1194 of 2008

and for respondents 4 and 5 in FAO No.1195.

-----

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 challenging liability on

the ground that the insurer's vehicle was a goods carriage and the persons

making the claim were persons, who were gratuitous passengers. The

claimants' contentions themselves were that the deceased and the injured

claimants had taken a lift to go to hospital and