FAO No.2141 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2141 of 2010 (O&M) Date of Decision. 05.04.2011 The New Assurance Company Ltd., Regional Office, SCO No.36-37, Sector 17-A, Chandigarh through Sh. K.B. Bindal, manager duly constituted attorney ......Appellant Versus Balwinder Kaur wife of Shri Arjan Singh and others .....Respondents 2. FAO No.2142 of 2010 The New Assurance Company Ltd., Regional Office, SCO No.36-37, Sector 17-A, Chandigarh through Sh. K.B. Bindal, manager duly constituted attorney ......Appellant Versus Rubalpreet Kaur daughter of late Shri Arjan Singh and others .....Respondents Present: Mr. Raj Kumar Bashamboo, Advocate for the appellants. Mr. HBS Baidwan, Advocate for respondent Nos.1 to 4. None for respondent Nos.5 and 6. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? No 2. To be referred to the Reporters or not ? Yes 3. Whether the judgment should be reported in the Digest? Yes -.- K. KANNAN J.(ORAL) 1. Both the appeals address the same issue relating to the liability aspect where the owner has been made liable and the insurance company has been granted the recovery rights. The driver has not been, however, made liable. I do not find this should have any serious FAO No.2141 of 2010 (O&M) -2- prejudice for the insurance company. The driver was a paid driver and an employee under the owner and therefore, on the principle of vicarious liability, the owner would become liable for the tortious act of the driver. The recovery right granted to the insurance company against owner only, under the circumstances, was justified. 2. The awards are confirmed and the appeals are dismissed. (K. KANNAN) JUDGE April 05, 2011 Pankaj*