(Per Hon'ble Mr. Justice Bilal Nazki)

This case has come before this Court on a reference made by a learned single Judge of this Court as it was contended before the learned single Judge by the appellant that as the trailer in which the deceased was traveling was not insured, although it was attached to the tractor which was insured, therefore no liability could be fastened upon the insurer.

2. The appeal arises out of the award granting compensation of Rs.4,00,000/- to the legal representatives of the deceased who died in a motor accident.

3. The appellant placed reliance on judgments of this Court reported in Oriental Insurance Company Limited Vs. Janarasupalli Kotiratnamma 1 and Oriental Insurance Company Limited Vs. Laxmanna 2. The respondents/claimants placed reliance on a judgment of this Court reported in New India Assurance Company Limited Vs. Mamidi Mallamma 3, which according to the respondents, lays down that if one among the tractor and trailer is insured, the liability can be fastened upon the insurer. All these three judgments have been rendered by the learned single Judges of this Court. Therefore, the learned single Judge thought it proper to refer the matter to Division Bench.

4. So this Court will have to decide as to whether the insurance company can be fastened with the liability of a person who dies while traveling in a trailer (not insured) attached to the tractor (insured). Various other judgments have also been cited. Before going to these judgments, it will be necessary to have a look at certain provisions of the Motor Vehicles Act (for short "the Act"). The expression "Motor vehicle or vehicle" has been defined under Section 2 (28) of the Act. Similarly the expressions "Tractor" is defined under Section 2 (44) of the Act and the "trailer" is defined under Section 2 (46) of the Act. "Section 2 (28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding (twenty five cubic centimetres)."

5. So by the said definition, the motor vehicles are those vehicles which are mechanically propelled and adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source. Under sub-section (44) of Section 2 of the Act tractor is defined as a motor vehicle which is not itself constructed to carry any load. Tractor is a special type of motor vehicle which cannot by itself carry any load, but all the same it is a motor vehicle. Sub-section (46) of Section 2 of the Act defines trailer as a vehicle which is intended to be drawn by a motor vehicle. So if sub-sections (28), (44) and (46) of Section 2 of the Act are read together, it becomes clear that a trailer is not a motor vehicle, but becomes part of a motor vehicle when it is drawn by a motor vehicle because sub-section (28) of Section 2 of the Act makes a special reference to a trailer and trailer cannot be moved on roads except by a propulsion transmitted thereto from a motor vehicle. Therefore, in our view, a trailer attached to a motor vehicle is a part of the motor vehicle itself. 6. Now coming to the judgments of this Court, a learned single Judge in Oriental Insurance Company Limited Vs. Janarasupalli Kotiratnamma (1st supra) held in para-15, "In view of the foregoing discussion, it must be held that once the trailer which is not insured with the insurance company and the deceased who were traveling in the said trailer met with an accident and died, the insurance company by whom the tractor is insured is not liable as the accident would not be cause