IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.683 of 1997 Date of decision: 20.09.2010 The New India Assurance Company Limited ....Appellant versus Sanjay and others ...Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Inderjeet Sharma, Advocate, and Mr. Pradeep Bedi, Advocate, for the appellant. Mr. Sudhir Aggarwal, Advocate, for respondents 4 and 5. ---- 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 appeal by the Insurance Company is more in the nature of seeking for clarification than a prayer assailing the award. The claim relates to an action for injuries suffered by the claimant in a collision between two vehicles, namely HR26-4285 and HNG-535. The Tribunal has found both the vehicles to be equally responsible for the accident and has stated in para 19 that the liability has to be apportioned as 50:50. In the relief column in para 20, it is stated that respondents 1, 2 and 3, who were namely the driver, owner and the insurer respectively as well as the 5th respondent, who was the owner of the other vehicle, as jointly and severally liable. The clarification sought is whether the insurer shall be entitled to any a contribution with reference to 50%. FAO No.683 of 1997 - 2 - 2. Since the liability is joint and several as far as the claimant is concerned, he is entitled to enforce it against anyone or all of them. Amongst the respondents themselves, the insurer, if he has satisfied the whole claim, is entitled to seek for a contribution for 50% by proceeding in execution against the 5th respondent. Subject to this clarification, the appeal is disposed of. (K.KANNAN) JUDGE 20.09.2010 sanjeev