JUDGMENT :

1. Heard Mr. A.J. Saikia, learned counsel for the appellant. Also heard Mr. A.R. Agarwal, learned counsel for the cross-objector/claimants as well as Mr. A.M. Khan, learned counsel for the respondent Nos. 5 and 6.

2. This appeal has been preferred by the appellant/insurance company under Section 173 of Motor Vehicles Act, 1988 against the judgment and order dated 07.03.2017 passed by the ld. Member, MACT, Dhubri in MAC Case No. 88/2015.

3. The brief facts of the case is that on 28.01.2015 at about 7.30 a.m., son of the claimants while travelling in a tractor bearing Regd. No. AS-17B-5189 on the way to Bousmari village, due to rash and negligent driving of the vehicle, son of the claimants fell down from tractor as a result of which, the offending vehicle had run over his body and he sustained grievous injuries on his person and subsequently died on the spot.

4. The factum of the accident has not been challenged in this case. The insurance company is on appeal on the ground that the victim was travelling in the vehicle as gratuitous passenger as the vehicle was a tractor whi