FAO No.3644 of 2011(O&M) -1- IN THE HIGH COURT FOR THE STATE OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3644 of 2011(O&M) Date of Decision:19.05.2011 Bajaj Allianz General Insurance Company Limited, SCO 139-140, 1st Floor, Madhya Marg, Sector 8-C, Chandigarh through its Senior Legal Executive Sh. Sachin Ohri .......Appellant Versus Smt. Sunita Widow of late Shri Nathi Ram and others .....Respondents Present: Ms. Subhash Goyal, Advocate for the appellant. CORAM: HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not? Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No K. KANNAN J. (ORAL) 1. The insurance company is on appeal in a case where the Tribunal has gone to the extent of providing for a right of recovery against the insured for an alleged violation of terms of policy in carrying passengers beyond the sanctioned capacity. Such a direction itself conflicts with the law laid down by the Hon'ble Supreme Court in National Insurance Company Limited Vs. Anjana Shyam (2007) 7 SCC 445. 2. There is simply no justification for the insurance company to test the correctness of this order even when it has provided a relief of recovery from the insured, when it could have been possible to make the insurance company liable to pay the entire amount even without FAO No.3644 of 2011(O&M) -2- providing for a right of recovery. 3. No other point was argued before me. The appeal is frivolous and it is dismissed as such. (K. KANNAN) JUDGE May 19, 2011 Pankaj*