S.N.Pathak, J.

1. This misc. appeal is directed against the order dated 8.12.93 passed by the Claims Tribunal, Aurangabad in Motor Vehicle Claim case no. 18/92. Appellant before this court is Oriental Insurance Company.

2. Appellants submission is that interim compensation of Rs. 25,000/- was allowed to the claimants respondents 1 and 2. However, the claimants were not entitled to receive anv compensation, much less interim compensation because Insurance company was not liable in so far concerned tractor was being used for ferrying passengers for which it was not ensured or registered. The concerned tractor was registered and ensured for carrying goods as also for agricultural purpose. So when the deceased died while travelling on the concerned tractor perhaps, tractor was being used to carry the passengers for hire. So insurance company was not laible to pay any compensation.

3. Respondent no. 3, owner of the concerned tractor appeared and contested this misc. appeal. The contention of respondent no. 3 is that the concerned tractor was being used for carrying goods and not as a passenger vehicle. However, the respondents lawyer failed to point out from the rejoinder filed