S. VENKATARAMAN, J.

( 1 ) THIS appeal is filed by the insurer of the tractor bearing No. MYK 6450 who was third respondent before the Tribunal challenging the finding of the Tribunal that the insurer is liable to pay the compensation awarded to the claimant, who is the first respondent, for the injuries sustained by him in an accident which took place on 30. 8. 1987 at 10. 30 p. m. on Cunnigham road, Bangalore.

( 2 ) THE Tribunal has held that the first respondent sustained injuries in the accident on account of the rash and negligent driving of the tractor and trailer bearing Nos. MYK 6450 and MYK 5298, respectively, by its driver. It is not disputed that the appellant has issued a policy in respect of the tractor bearing No. MYK 6450 and the trailer bearing No. MYK 5298 had not been insured. The appellant had taken up a plea that as only the tractor had been insured with them and that the accident was caused by the tractor-trailer they are not liable to indemnify the owner of the tractor-trailer, who is the present third respondent. They contended that the policy prohibited the use of the tractor for drawing a trailer and that as there was breach of terms of the policy, the ins

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