NATIONAL INSURANCE CO LTD Vs. RIYASAT ALI

JUDGEMENT

(1.) -This appeal is arising out of a judgment and order passed by the concerned Motor Accident Claims Tribunal, Bulandshahr, dated 20.2.2008 in M.A.C. No. 152 of 2000. Two persons died and one injured when the tractor was hit by a train on the way. It has been contended by the learned counsel appearing for the insurance company here as well as in the court below that the tractor is meant for agricultural purpose but when it was carrying some household material like cement and sands etc. for the construction of the house, it has been proceeded in contravention of the insurance policy for which either the owner has to pay the compensation or the insurance company will pay with the right of recovery of the same from the owner. The claimants are represented by Sri Nigamendra Shukla, the learned counsel present before the Court. The insurance company further contended that although right of recovery has been given thereunder but the same is restricted only with regard to the verification of the driving licence which he does not want to agitate before us in view of the availability of such document.

(2.) IT appears to us that the tractor and train both were fastened with the liability of 50% each. Now the main question has been raised before us for which a 'tractor' is made particularly upon going through provisions of the Motor Vehicles Act read with the Central Motor Vehicles Rules, 1989 and U. P. Zamindari Abolition and Land Reforms Act, 1950 to find out the meaning of agricultural purpose.

(3.) SECTION 142 (2) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 gives a coverage of the use of agriculture under the heading 'use of land and improvements' as follows :