FAO No.4324 of 2002 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH X Obj No.8-CII of 2004 FAO No.4324 of 2002 Date of Decision. 01.10.2010 The New India Assurance Co. Ltd., Regional Office, SCO No.36-37, Sector 17-A, Chandigarh through Sh. D.K. Dogra, Asstt. Manager duly constituted attorney ......Appellant Versus Manjit Kaur age 50 years wife of Kashmir Singh son of Sant Singh and others ......Respondents Present: Mr. R.K. Bashamboo, Advocate for the appellant. Mr. Sushil Saini, Advocate for the cross objectors. 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 on quantum and negligence, which are not permissible defences under Section 149(2) of the Motor Vehicles Act and in terms of the judgment of the Hon'ble Supreme Court in National Insurance Company Limited Vs. Nicolletta Rohtagi and others 2002 ACJ 1950. 2. The appeal is not maintainable and it is dismissed. 3. It is clarified, as the counsel wants this Court to do, that the insurance company will have a right of recovery against the insured after satisfying the award of the claimants. This right is protected in para 12 of the award but while drafting the relief FAO No.4324 of 2002 -2- column, it is not reiterated again. I clarify the same as such a claim is allowable for the reasons stated in the award itself. 4. There is a cross appeal for enhancement of compensation. I find that the Tribunal has taken the income of the deceased at Rs.2,000/-, who was a cleaner, provided or a deduction of 1/4th and adopted a multiplier suitable to his age. There is no error in the award to subject that to any modification. The cross appeal is dismissed. (K. KANNAN) JUDGE October 01, 2010 Pankaj*