JUDGMENT R.P. Misra and Krishna Murari, JJ.
1. Heard Mr. M.C. Tiwari, learned Counsel for the appellant. This appeal has been filed by the owner of the offending vehicle challenging the award of the Motor Accidents Claims Tribunal, awarding a sum of Rs. 1,64,500 along with 6 per cent interest as compensation.
2. The facts are that the appellant is the owner of the tractor, which is insured with the insurance company on 12.2.2001 while the tractor was being used for carrying 'barat' an accident took place in which one Jeetu died. The dependant of the deceased filed a claim petition, claiming compensation of Rs. 9,50,000 along with 24 per cent interest. On the basis of evidence adduced by the parties, the Tribunal has recorded the findings that the tractor was insured for being used for agricultural purpose and at the time of accident it was being used for carrying 'barat' which is not an agricultural purpose and as such the owner of the tractor has committed breach of the terms and conditions of the insurance policy and the insurance company is not liable to pay the compensation. Since the accident took place while the tractor was being used for carrying passengers as such the Tribunal has rightly held that the appellant owner has committed breach of the terms and conditions of the policy.
3. On the careful consideration of the record of the case, we find no illegality in the finding recorded by Claims Tribunal. The liability to pay the compensation has rightly been fixed on the appellant owner.
4. Appeal lacks merit and is accordingly dismissed summarily.