IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.3766 of 2010 (O&M) Date of Decision:04.11.2011 Pawan Kumar .... Petitioner Versus The Oriental Insurance Company Ltd. snd others .... Respondents CORAM: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Deepak Balyan, Advocate for the petitioner. Mr. Vinod Gupta, Advocate for the respondents. **** 1.Whether Reporters of Local Newspapers 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? A.N. JINDAL, J.(Oral) C.M. No.26247-48-CII of 2011 The applications are allowed as prayed for. C.R. No.3766 of 2011 This petition assails the order dated 7.2.2009 (P-1) vide which the application under Order 9 Rule 13 CPC filed by the petitioner for setting aside the ex-parte award dated 8.5.2008 was dismissed. Heard. Learned counsel for the petitioner has stated that the respondent Company has already paid the award amount to Pawan claimant but in view of the award passed by the Tribunal, the company has right to recover same from him. It was also urged that the award may be set aside only to the extent of determining the liability. Thus in these circumstances, in case of setting aside the ex parte award to the extent of determining the liability, against the petitioner, the only question to be decided in this case would remain as to whether the recovery rights should be given to the insurance C.R. No.3766 of 2010 (O&M) -2- company to which learned counsel for the respondents does not object. In the circumstances, this petition is allowed and the impugned order (Annexure P-1) is set aside to the aforesaid limited extent and the trial Court is directed to decide afresh, as to whether the Insurance company (respondent) has a right to recover the award amount and in case the issue finds favour with the petitioner then the award would be modified. 04.11.2011 ( A.N. JINDAL ) rajeev JUDGE