Surinder Gupta, J.

Whether the Insurance Company can be absolved from its liability to pay the compensation amount or can it be allowed recovery rights against owner and driver of the offending vehicle, if the driver possessing licence for driving the tractor at the time of accident, was driving the tractor attached with trolley, is the short point which arises for consideration in this appeal.

2. As per the case of claimants, Shakuntla along with her nephews, Gulab Singh, Shiv Charan and Man Singh had gone to Sohna market on 14.07.2010 for purchasing some household articles. After purchasing the articles, she was returning from the market to her home with Gulab Singh on his motorcycle, which was being driven by Gulab Singh at a moderate speed on his left side. When they reached ahead of village Indri, tractor-trolley bearing No. HR-52-8879 (later referred to as 'the offending vehicle'), which was being driven by Hassu-respondent no. 1 (respondent no. 5 in this appeal), in a rash and negligent manner, came from backside and hit the motorcycle. With the impact Shakuntla fell down from the motorcycle and was run over by the tractor resulting in her death at the spot. She was