The main legal point established was that the driver's negligence made the owner vicariously liable, and the Insurance Company was not liable for compensation due to the unauthorized passenger and the vehicle's insurance coverage.

1. Being dissatisfied with the impugned judgment and Award dated 29-11-2003, passed by the learned Motor Accident Claims Tribunal, Nilanga, District Latur (for short “Tribunal”), partly allowing the proceeding of MACP No. 88 of 2002 filed by the original claimants - respondents No. 1 to 4 herein under section 166 of the Motor Vehicles Act, 1988 (For short “Act of 1988”) for compensation arising out of vehicular accident involving death of deceased Nangnath 15 years old, the appellant-original respondent No.1 owner of the offending vehicle tractor, preferred the present appeal by invoking remedy under section 173 of the Act of 1988.

2. The genesis of the appeal culled out in brief is that, the deceased Nagnath, 15 years old was the school going boy and lone son of claimant No. 1 Majlasbai Mohanrao Jadhav resident of Kambalga Ta. Nilnga, District Latur. The rest of the claimants are the minor daughters of claimant Majlasbai. The deceased Nagnath was studying in 7th standard in Zilla Parishad School Kambalga. On the fateful day of incident i.e. on 09-01-2001 he was returning from the field and at that time vehicle Tractor of Mahendra Company 575 D-I, Engine No ECA-9304 along trolley was also proceeding towards the village Kambalga. Respondent Shaikh Gaus S/o Shaikh Rasool, driver of tractor-trolley made the deceased Nagnath to sit on the tractor. But, it was different in store for deceased Nagnath. Respondent No. 2- Shaikh Gaus driver of the vehicle tractor-trolley drover the vehicle rashly and in very negligent manner due to which the deceased Nagnath fell down on the road from the tractor. He found crushed under the wheels of the tractor and trolley. He died instantaneously on the spot itself. The information of mishap was passed on to the Police of Shirur Anantpal Police Station, Ta. Nilanga, District Latur. Police rushed to the spot and drawn the panchnama. Police escorted the dead body to Government Hospital for post mortem. The medical expert opined that deceased Nangnath died due to injuries sustained in the mishap. Police registered the crime against driver of the tractor-trolley i.e respondent No. 2- Shaikh Gaus.

3. The claimant alleged that the deceased Nagnath was the school going boy, studying in 7th Standard. He was doing the agricultural work. He would have earned Rs. 5000/- per month in future. The deceased was the lone son of widow claimant No. 1 Majlasbai. The claimants claimed compensation of Rs. 4,00,000/- from the respondents for the loss sustained to them due to vehicular accident causing death of deceased Nangath.

4. In response to the notice of claim petition, the respondent-owner and driver of the tractor-trolley appeared in the proceeding before the learned Tribunal and filed written statement (Exhibit-17). They admitted the occurrence of accident on 09-01-2001, resulting into death of deceased Nagnath. It is not put into controversy on the part of these respondents that the deceased Nagnath boarded in the vehicle tractor, when he was returning from the field. But, they being the owner and driver of the vehicle denied that accident caused due to rash and negligent driving of the vehicle-tractor by the respondent Shaikh Gaus. It has been submitted that respondent No. 2 driver was having valid driving licence at the time of accident. They added that the vehicle - tractor was insured for covering the risk, if any, arose after vehicular accident. They denied about the monetary liability and prayed to dismiss the claim petition.

5. Respondent No. 2 Insurance company also raised objection to the claim by filing written statement (Exhibit-15). According to respondent No. 3 Insurance Company the impugned tractor and trolley was insured with respondent-Insurance company but the policy was issued for agricultural purpose. It was not permitted to carry passengers in the vehicle. The deceased Nagnath was found travelling in the vehicle without any risk coverage. There was breach of terms and conditions of the i