- (1.) This order shall dispose of FAO Nos.8272 of 2015, titled as National Insurance Co. Ltd. Vs. Amarjit Kaur and others and 8292 of 2015, titled as National Insurance Co. Ltd. Vs. Veero @ Veer Kaur and others.
(2.) On 29.01.2016, the following condition was noticed: "Learned counsel has argued that the accident took place with a tractor trolley where the tractor was insured but the trolley was not insured. In the circumstances, the insurance company could not have been foisted with the liability. To support his contention he has relied upon the judgment of this Court in the matter of New India Assurance Co. Ltd. Vs. Sohan Lal and others, 2014 ACJ 1583 ." Today, learned counsel for the owner and the claimant have argued that the judgment in New India Assurance Company Ltd. Vs. Sohan Lal and others, 2014 ACJ 1583 was delivered without noticing the judgments titled as United India Insurance Company Vs. Pritpal Singh, 1996 2 RRR 335 and United India Insurance Vs. Surinder, 2006 ACJ 1285 . This fact has also been considered in a Single Bench judgment of this Court passed in FAO No.1411 of 2008(O&M), titled as Hawa Singh Vs. National Insurance Company Ltd. and others.
(3.) Learned counsel for the appellant is not in a position to deny this fact that the judgment in Sohan Lal's case does not refer to the earlier two Division Bench judgments.;