JEET Vs. POONAM

JUDGEMENT

(1.) AGGRIEVED by the award dated 2. 1. 2006 passed by the Motor accidents Claims Tribunal, Sonepat (hereinafter described as 'the Tribunal') in the m. A. C. T. Case No. 9 of 2005, the driver and the owner of the offending vehicle, i. e. , tractor No. HR 10-F 5897 have filed the present appeal.

(2.) ON a claim petition preferred by the legal heirs of deceased Om Parkash, the tribunal awarded a sum of Rs. 3,85,000 along with interest at the rate of 6 per cent per annum from the date of filing of the petition till its actual realisation. Even though the liability to pay the awarded amount was fastened upon the insurance company in the first instance, but it was given the right to recover the same from the owner of the offending vehicle. It is this finding qua the liability that the owner along with the driver of the offending vehicle has assailed, by way of the present appeal.

(3.) THE question that has been raised in this appeal is whether a tractor could be considered to be a 'light transport vehicle' and whether the insurance company could be absolved of the liability in view of the fact that the driver of the offending vehicle was having a licence to drive a 'light transport vehicle' wherein the word 'tractor' was not mentioned.