(Deepak Gupta, J.) - The claimants are the widow and children of deceased Mohinder Singh. They had filed a petition under Section 140, 163-A and 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Act) claiming compensation from Sher Singh, owner of Tractor and Oriental Insurance Company, with whom the tractor was insured. According to the claimants, the deceased Mohinder Singh was an agriculturist and driver and was driving the tractor which met with an accident due to failure of brakes. The Insurance Company contested the petition and alleged that the petition is collusive. The owner of the tractor admitted all the averments made in the claim petition and stated that he had purchased a new tractor and they were all going to Baba Bardbhag Singh to pay obeisance when the tractor fell down and accident occurred due to the negligence of the driver himself. This claim petition was in fact treated to be a petition under Section 140 and 166 and not under Section 163-A of the Act. Neither the learned Tribunal nor any of the counsel treated this petition to be one under Section 163-A of the Act.

2.The learned Tribunal rejected the claim petition by holding