IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cross Objection No.12-CII of 2003 in/and FAO No.3647 of 1999 Date of decision:02.07.2010 New India Assurance Company Limited and another ....Appellants versus Pal Kaur and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. S.S.Rangi, Advocate, for the appellants. None for the respondents. ---- 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 on appeal against the award of Rs.1,65,000/- granted in favour of the claimants for the death of the claimants' son in an accident. The Tribunal has provided for Rs.1,50,000/- comprehensively and added another Rs.15,000/- towards last rites. The Court found that the licence was a fake on evidence secured through a Local Commissioner and, therefore, provided for a right of recovery against the insured. The liability to make the payment in the first place and to provide for a right of recovery is a stated position of law through a decision of the Hon'ble Supreme Court in New India Assurance Company Shimla Versus Kamla and others-(2001) 4 SCC Cross Objection No.12-CII of 2003 in/and FAO No.3647 of 1999 - 2 - 342. This decision has also been subsequently followed by the Hon'ble Supreme Court in National Insurance Company Limited Versus Swaran Singh-(2004) 3 SCC 297. 2. There is a cross appeal for an enhancement, the learned counsel appearing on behalf of the respondents states that no provisions have been made for love and affection and provide for an additional amount of Rs.10,000/- for the respondents. The appeal by the Insurance Company is dismissed and the cross appeal is allowed partly providing for an additional amount of Rs.10,000/- which shall be paid by the Insurance Company with interest at 7.5% from the date of the petition till the date of payment and which in turn be recovered against the insured. The award of the Tribunal is modified to the above extent. (K.KANNAN) JUDGE 02.07.2010 sanjeev