FAO No.3996 of 2005 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3996 of 2005 Date of Decision. 10.08.2010 United India Insurance Company Limited, Regional Office, SCO No.123-124, Sector 17B, Chandigarh through Shri D.N. Behera, Assistant Manager. ......Appellant Versus Ms. Jaswinder Kaur widow of Jarnail Singh and others ......Respondents Present: Mr. D.P. Gupta, 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. The insurance company is on appeal on a contention that the tractor trolley, which had been involved in the accident resulting in a collision with a scooterist had not been fully insured and therefore, the insurance company could not be made liable. The contention was that only the tractor had been insured with them and the trailer was not and therefore, the insurance company was entitled to plead that there was no valid insurance to make it liable. 2. If the claim had been at the instance of any person, who had come by the use of a trailer such as an employee or an owner of the goods travelling with the goods then it could have been possible for an insurer to contend that the use of such trailer, which was not FAO No.3996 of 2005 -2- insured could not make the insurer liable. As far as the third party is concerned, if the collision had taken place with the tractor, the fact that the trailer had been attached to it would make no difference. The liability of the insurer to a third party would arise by the only fact that the tractor had been insured and the tractor driver was responsible for the accident causing the death of a third party. 3. The insurance company shall be liable and the award passed therefor requires no intervention. The appeal is dismissed. (K. KANNAN) JUDGE August 10, 2010 Pankaj*