JUDGMENT :

1. The present appeal is filed under Section 173 of the Motor Vehicles Act, by the appellant – the United Insurance Company Limited being aggrieved by and dissatisfied with the judgment and award passed by the Motor Accident Claims Tribunal (Main), Kheda at Nadiad in Motor Accident Claim Petition No.1235 of 1997 dated 14.06.2011. By the impugned judgment, the Tribunal has awarded Rs.3,85,000/- with 7.5% interest p.a. from the date of application, in favour of the claimants.

2. The brief facts of the case are that, the husband of claimant No.1, father of claimants No.2 to 5 and son of claimants No.6 and 7 had received injuries due to rash and negligent driving of the driver of Tractor bearing registration No.GJ-1-R-8099 along with Trolley bearing registration No.GJ-6-B-3445, on 25.05.1997, on Ahmedabad- Kathlal Highway, near Village : Model. He received injuries and was taken to the hospital. When reached to the hospital, he was found dead due to the said injuries caused by the accident. Therefore, the claimants have filed claim petition being Motor Accident Claim Petition No.1235 of 1997 for compensation of Rs.7 lakhs, which was subsequently amended to the tune of Rs.4 lakhs. The Tribunal has issued summons and opponent No.3 – Insurance Company (the present appellant) has filed its written statement at Exh.15. The Tribunal has framed the issues at Exh.22 and proceeded further by recording the evidence. The Insurance Company has thereafter filed fresh written statement at Exh.42. The Tribunal has proceeded further after recording evidence and after considering the evidence on record, the Tribunal has found that the accident is caused by the tractor and trolley and therefore, negligence of the tractor and trolley is established. The Tribunal has also considered the aspect of quantum by considering the age of deceased as 35 years and though the claimants have claimed Rs.4,000/- per month as income of the deceased, the Tribunal has considered Rs.2,000/- towards income per month of the deceased and after adding 50% towards prospective income and after deducting 1/3rd towards personal expenses, the Tribunal has come to the conclusion that the monthly income of the deceased would be Rs.2,000/-, so Rs. 24,000/- per year as prospective loss of income and applied 15 multiplier, which comes to Rs.2,60,000/-. In addition to that, the Tribunal has awarded Rs.10,000/- towards loss of consortium, Rs.10,000/- towards love and affection and Rs.5,000/- towards funeral expenses. In all, the Tribunal has awarded Rs.3,85,000/- with 7.5% interest p.a. The Tribunal has also considered the submissions of the Insurance Company regarding the liability and after discussing the provisions of Section 147 of the Motor Vehicles Act and after considering various judgments cited at the bar, the Tribunal has found that it is not permissible for the Insurance Company to avoid its liability as the breach was not so fundamental in nature. Therefore, the liability is fastened on the Insurance Company by the Tribunal. It is this judgment and award which is under challenge at the hands of the appellant – Insurance Company before this Court.

3. Learned advocate Mr.Maulik Shelat for the appellant – Insurance Company has submitted that the ‘Act Policy’ covering tractor is not liable to pay as driver of the tractor could not be allowed any person on the board either sitting and in the tractor. The Insurance Company has denied the factum of the accident. The appellant - Insurance Company has, in his written statement, disputed the monthly income of the deceased as Rs.3,000/-. The appellant has also disputed the age of the deceased. The appellant has submitted that the accident has occurred in the middle of the road. The Insurance Company is not liable to pay any compensation. Learned advocate for the appellant has relied on the provision of Section 147 of the Motor Vehicles Act and has submitted that the risk of passenger travelling in the vehicle other than the