Subash Chandra Jha, J.

1. Heard learned Counsel of both the sides.

2. An application for claim under Section 166 of the Motor Vehicles Act, 1988 , was filed by the claimants Meena Devi and her children in respect of death of Girdhar Prasad Sah, a Tractor Mechanic who was aged about 25 years on 6.9.1993 at 1 P.M. on 31, National High Way near Murli Madrani in the district of Bhagalpur. The deceased was said to have been driving the Tractor bearing Registration No. BHJ. 523 which turned turtle and fell down and he came under the tractor and died on the spot. Gopalpur P.S. Case No. 155/1993 was registered and investigation was made by the I.O. of the case. Post Mortem examination was held in Naugachia Sadar Hospital.

3. It has been averred in the petition that deceased was earning Rs. 2,000/- per month as Motor Mechanic and cultivation work. The vehicle concerned was insured with the National Insurance Company Ltd. Khagaria, vide Policy No. 170709/630-15-98 for Rs. 3,00,000/- (three lac).

4. The appellant National Insurance Company Ltd. made its appearance and filed written statement and challenged the maintainability of the claim on the ground that there was violation of term