Hon’ble Anil Kumar, J.—Facts in brief of the present case are that claimant, namely, Smt. Leela @ Vimal, Anil Kumar, Balram and Sunil Kumar filed a claim petition under Section 166 (1) of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) registered as Motor Accident Case No. 129 of 2001 (Smt. Leela and others v. National Insurance Company Ltd. and others) inter alia stating therein that on 28.3.2001, Ishwardeen, the husband of Smt. Leela was travelling on a tractor having registration No. U.P. 41B 3073 for agriculture work driven by Sri Shiv Magan, owned by Sanjay Kumar Gupta, due to mechanical defect, the tractor had fallen in the ‘Gadda’, as a result of which the driver of the tractor has lost balance and Sri Ishwardeen has fallen from tractor, sustained injury, later on, on 29.3.2001 died at Medical College, Lucknow.

2. National Insurance Company Ltd. while contesting the claim petition had filed a written statement inter alis taking a defence that there is a breach of of the terms of insurance policy, so the insurance company is not liable to pay compensation as claimed by the claimants rather the same is to be paid by the owner of the tractor(Sri Sanjay