IMPORTANT POINT
The court established that a driver with a light motor vehicle license can operate a tractor under 7500kg, affirming the insurer's liability despite the trailer's lack of insurance.

JUDGMENT :

K. Natarajan, J.

MFA No.200721/2019 and MFA No.200722/2019 filed by the claimants for enhancement of compensation, whereas MFA No.200038/2020 and MFA No.200039/2020 filed by the insurer questioning the fastening of liability as well as quantum of compensation awarded by the II-Addl. Senior Civil Judge & MACT-VII, Vijayapura (for short, hereinafter referred to as 'the Tribunal') in MVC Nos.1058/2015, 1059/2015, dated 23.11.2018.

2. All four cases arise out of common judgment before the Tribunal, therefore, the same are taken up together for final disposal.

3. Though these appeals are listed for admission, with the consent of both the learned counsels, they are taken up together for final disposal.

4. The parties will be referred as per their ranks before the Tribunal for sake of convenience.

5. The case of the petitioners before the Tribunal is that they have filed claim petition under section 166 of Motor Vehicles Act (for short, hereinafter referred to as 'the M.V.Act') for granting compensation for the death of two persons namely, Kirayya in MVC No.1058/2015 and Sharanabasayya @ Sharanayya in MVC No.1059/2015, who died in the road traffic accident occurred on 10.04.2015.

6. It is alleged that on 10.04.2015 at about 20:30 hours when the deceased were traveling in motorcycle and they were proceeding towards Vandaganur from Sindagi on extreme left side of the road, at that time, near Kalakeri bypass road, one tractor bearing Reg.No.KA-28/TA-1672 and trailer bearing Reg.No.CNJ/6723 came from opposite direction with a high speed and dashed to the motorcycle. As a result of which, both Kirayya and Sharanabasayya were sustained grievous injuries and died on the spot.

7. The claimants are the parents of deceased-Kirayya in MVC No.1058/2015, whereas the claimants are wife, children and parents of deceased-Sharanabasayya in MVC No.1059/2015. Hence, they claimed compensation on various heads.

8. The respondent No.1 filed statement of objections by denying age, occupation and income of the deceased; and rash and negligent driving of the driver of the tractor and trailer and further contended that the tractor was duly insured with respondent No.2 and covered risk of the accident. Hence, respondent-insurance company is liable to pay compensation.

9. The respondent No.2/insurance company filed statement of objections contending that there is no involvement of the vehicle in question and the tractor bearing Reg.No.KA-28/TA-1672 was alone insured with respondent No.2 under 'Farmer's Package Insurance Policy', whereas trailer bearing Reg.No.CNJ:6723 was not insured with respondent No.2. The owner of the trailer also necessary party to the petition. The driving licence hold by the driver of the tractor is only light motor vehicle licence, therefore, no liability shall be fixed on the insurance company. Apart from that the driver of the tractor did not hold valid and effective driving licence to drive the said vehicle. The claimants claimed compensation is on higher side and exorbitant. Hence, prayed for dismissal of petitions.

10. From the rival contentions of both the parties, the Tribunal had framed the following issues for determination.

ISSUES IN MVC NO.1058/2015

1. Whether petitioners prove that the death of Kirayya S/o Chidanandayya Hiremath, was in the road accident due to the negligent driving of the driver of the Tractor bearing Reg.No.KA.28/TA. 1672, on the alleged date, time and place as asserted?

2. Whether the Respondent NO.2 proves that, due to violation of policy conditions, they are not liable to pay the compensation?

3. Whether the petitioners prove that they are entitled for the compensation? If so, what an extent and from whom they are entitled?

4. What order or award?

ISSUES IN MVC NO. 1059/2015

1. Whether petitioners prove that the death of Kirayya S/o Chidanandayya Hiremath, was in the road accident due to the negligent driving of the driver of the Tractor bearing Reg. No.KA.28/TA..1672, on the alleged date, time and place as as