FAO No.732 of 2004 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.732 of 2004 Date of Decision. 13.09.2010 The National Insurance Company Ltd. SCO No.332-334, Sector 34-A, Chandigarh through its Asstt Manager, Sh. S.C. Sharma ......Appellant Versus Rattan Singh son of Ujjagar Singh and others ......Respondents Present: Mr. V. Ramswaroop, Advocate for the appellant. None for the 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? -.- K. KANNAN J.(ORAL) 1. The appeal by the insurer qua the claimants has already been dismissed and the case survives for consideration only for inter se apportionment of rights between the insurer and the insured. The contention of the insurer disputing the liability is that the cheque for the premium for the policy was issued on 22.06.1998 and the cheque bounced on 26.06.1998. The policy had been cancelled by issuance of notice to the insured on 03.07.1998. The accident had taken place on 03.01.1999. Evidently there had been no consideration for the policy and the insurance company cannot be compelled to indemnify the insured. 2. The award of the Tribunal shall, therefore, restrict the FAO No.732 of 2004 -2- liability of the insurer only to satisfy the claim of the claimants and to recover the same against the insured. In view of the fact that the appeal against the claimants has already been dismissed, the award will be modified to provide for a right of recovery against the insured. 3. The appeal is allowed to the above extent. (K. KANNAN) JUDGE September 13, 2010 Pankaj*