JUDGMENT

Vinit Kumar Mathur, J. - With the consent of learned counsel for the parties, the matters are being heard and decided finally.

S.B. Civil Misc. Appeal No. 1442/2012

2. The present appeal has been preferred against judgment and award dated 11.02.2012 passed by Motor Accident Claims Tribunal, Bhilwara in MAC Case No. 310/2009. Vide judgment and award dated 11.02.2012, the claim petition of the appellants was allowed and a sum of Rs. 4,93,000/- was awarded on account of the death of Smt. Pani in the accident which occurred on 28.02.2009.

3. Learned Tribunal after framing the issues, evaluating the evidence on record and hearing learned counsel for the parties, decided the claim petition of the claimants.

4. Learned counsel for the appellants-claimants submits that the findings of the Tribunal recorded on Issue No.3 is not sustainable in light of the judgment of the Hon'ble Supreme Court in the case of Mukund Dewangan vs. Oriental Insurance company Limited, (2017) 14 SCC 663. Admittedly, the driver of the tractor was holding a licence for driving light motor vehicle and the weight of the tractor was less than 7,500 Kg, therefore, in light of the judgment of the Hon'ble Supreme Cou