IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4805 of 2003 (O&M) Date of decision:22.09.2010 National Insurance Company Limited ....Appellant versus Gian Kaur 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 Insurance Company's grievance is that the Tribunal, which found that the owner was guilty of breach of terms of the policy, made it liable to satisfy the third party and granted a right of recovery through a separate suit. A right of recovery, which is contemplated after satisfying the award under Section 149(5), could be in execution proceeding itself as laid down by Hon'ble Supreme Court in several decisions and particularly in the decisions in New India Assurance Company Versus Kamla-(2001) 4 SCC 342 and National Insurance Company Versus Swaran Singh (2004) 3 SCC 297. FAO No.4805 of 2003 (O&M) - 2 - 2. The award is modified only to the extent of availing to the insurer a right of recovery in execution proceeding in the same case number and not by a separate suit. 3. The appeal is allowed on the above terms. (K.KANNAN) JUDGE 22 .09.2010 sanjeev