1. As against the claim made for a sum of Rs.10,00,000/-, the legal representatives of the deceased, i.e., claimants 1 to 6 (parents, husband, children and brother) were awarded a sum of Rs.4,05,500/-, which were ordered to be payable jointly and severally by the owner and the insurer of the offending vehicle. Challenging the liability to pay the compensation and the quantum, the Insurance Company has preferred this Appeal.

2. The Appeal has been filed mainly on the following grounds:-

(i) The offending vehicle, namely, the tractor and trailor should be used only for agricultural purposes and not for commercial purpose and that, as the vehicle on the day of accident was put into use for commercial purpose, namely, the purpose of supplying water to Municipality, there is violation of terms and conditions of the policy and therefore, the Insurance Company is not liable.

(ii) The deceased was sitting in the mudguard of the tractor at the time of accident and therefore, it is a case of “invited death” for which neither the owner nor the Insurance Company is liable to pay the compensation.

(iii) The multiplier cannot exceed more than 12', when the age of the victim was only 34; the amount a

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