FAO No.5960 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5960 of 2010 (O&M) Date of Decision. 31.01.2011 Bajaj Allianz General Insurance Company Limited, SCO 139-140, Ist Floor, Madhya Marg, Sector 8-C, Chandigarh through its Senior Executive Sh. Praman Preet Singh ......Appellant Versus Rakesh Kumar son of Shri Som Chand and another ......Respondents Present: Mr. Subhash Goyal, Advocate for the appellant. Mr. Vishal Gupta, Advocate for respondent Nos.1 and 2. 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 issue involved in the appeal is the liability of the insurance company in a case where the relative of the owner was driving the vehicle and came to harm by hitting against a stray cow. The appeal of the insurance company provides only for a personal cover to the owner and this could not have been basis for making a claim for a borrower of the vehicle or a person, who was a passenger in such a vehicle. The award could not have been passed against the insurer or the owner for the consequences of accident by a person who is a borrower of the vehicle in terms of the judgment of the Hon'ble Supreme Court in Ningamma and another v United India Insurance Co Ltd 2009 ACJ 2010 . FAO No.5960 of 2010 (O&M) -2- 2. The award of making the insurer liable is set aside and the appeal is allowed. The amount of Rs.10,000/- deposited by the insurance company shall be permitted to be withdrawn. (K. KANNAN) JUDGE January 31, 2011 Pankaj*