IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3967 of 2002 (O&M) Date of decision:04.10.2010 National Insurance Company Limited ....Appellant versus Shashi Sehgal and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjit Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellant. 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 6th respondent has been served on 27.11.2002 but no one has put appearance on his behalf. Service deemed sufficient. 2. The Tribunal has provided for a right of recovery to be enforced through a separate suit. The grievance of the appellant is that the right of recovery must be in the execution proceedings itself and not by independent action. The plea is acceded and the appeal is allowed to make a modification in the award that the insurer shall have a right of recovery for what it proved at the trial that there had been a breach of terms of the policy and consequently the recovery must be effected in FAO No.3967 of 2002 (O&M) -2 - the execution proceedings in the very same case and not by any independent proceedings. (K.KANNAN) JUDGE 04.10.2010 sanjeev