Ms. Anita Chaudhry, J. :- This appeal is by the insurance company seeking recovery rights.

2. Nepal @ Mainpal had died in an accident which occurred on 24.07.2009. His legal representatives filed a claim petition under Section 166 of the Motor Vehicle Act. The case set up by the claimants was that the deceased was sitting on the mudguard of the tractor with a friend by his side. The tractor was driven by respondent no.5 and when it was near village Dariyapur, it turned turtle leading to the death of Nepal.

3. The insurance company took the plea that the tractor was attached with a trolley and the deceased was a gratuitous passenger and the company could not be made liable to indemnify the injured and the driver did not have a valid and effective licence to drive the transport vehicle.

4. The Tribunal calculated the compensation of Rs.7,40,000/- and on the issue with respect to the licence, it observed that the driver had a licence to drive a LMV. After discussing the evidence, no clear finding on the plea set up by the insurance company was given and the liability of payment of compensation was placed upon all the respondents.

5. I have heard the counsel for the appellant an