1. Feeling aggrieved by the award dated 30.4.2002 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 305 of 1992 granting compensation of Rs. 2,02,000/- in favour of respondents no. 1 and 2, appellant Insurance Company has filed present appeal.

2. Facts, in brief, are as under:-

Claimant Ashok was sleeping with his son Shudhodhan at village Sillori, his in-laws place by the side of house. Tractor bearing registration No. MH-31/G-3353 and Trolly No. MH-31/5580 driven by original respondent no. 1, owned by respondent no. 2 and insured with respondent no. 3 driven in reverse direction dashed against the cot on which two were sleeping. Shuddhodhan fell down and Trolly ran over him as a result of which he died on the spot.

3. Respondents no. 1 and 2 (driver and owner) of the Tractor/Trolly did not respond to the notice. Respondent no. 3 Insurance Company resisted the claim on the ground that accident was caused due to the negligence of respondent no. 2 since he with his son was sleeping by the side of road. Besides, respondent no. 1 driver was not holding valid driving licence and, therefore, there was breach of policy conditions.

4. The Tribunal held that a