LAWS(HPH)-2006-4-26

BABU RAM Vs. SALOCHNA DEVI

Decided On April 27, 2006
BABU RAM Appellant
V/S
Salochna Devi Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the appellants under Section 173 of the Motor Vehicles against the award of the Motor Accident Claims Tribunal(III), Kangra at Dharamshala in M.A.C. Case No. 28-N/99 decided on 30.5.2002.

(2.) THE Insurance Company in the present case has been exonerated of the liability to pay the amount on the ground that the deceased was a passenger in a tractor and the tractor was being used in violation of the terms of the policy and the Insurance Company is not liable.

(3.) A tractor is not a goods vehicle. Section 2(44) defines "tractor" as under: