FAO No.329 of 1998 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.329 of 1998 Date of Decision. 20.07.2010 The New India Assurance Company Ltd. through Shri B.L. Jagwan, A.O its duly Constituted Attorney, Regional Office, Sector 17-A, Chandigarh .........Appellant Versus Sukhwant Kaur alias Pal Kaur and others .......Respondents 2. FAO No.330 of 1998 The New India Assurance Company Ltd. through Shri B.L. Jagwan, A.O its duly Constituted Attorney, Regional Office, Sector 17-A, Chandigarh .........Appellant Versus Savinder Kaur wife of Bakhshish Singh alias Gurbaksh Singh and others .......Respondents Present: Mr. Inderjit Sharma, 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. In both the appeals, although the Tribunal has observed in para 22 of the award that for the breach of condition in the policy, it found that the insurer was liable to pay the amount and recover the same from the insured, however, in the final operative part, it FAO No.329 of 1998 -2- did not provide for the right of recovery in the manner observed elsewhere in the same judgment. This appeal is, therefore, more in the nature of obtaining a clarification than taking a substantial point to be adjudicated. 2. The award of the Tribunal is modified or clarified to the extent that the owner will not obtain indemnity from the insurer and the liability of the insurer shall be to satisfy the claim and recover the same against the insured. 3. The appeals are allowed to the above extent only. (K. KANNAN) JUDGE July 20, 2010 Pankaj*