The main legal point established in the judgment is the liability of the insurer in motor accident claims, based on the M. P. Motor Vehicles Rules, 1994 and relevant case law.

( 1 ) THE appellant insurer has assailed the award dated 25. 11. 2003 passed by Motor Accidents Claims Tribunal, balaghat, in Claim Case No. 62 of 2002, wherein an amount of Rs. 1,80,000 is awarded to respondent-claimant Nos. 1 and 2, for death of their son, Vijay Kumar, aged 18 years.

( 2 ) ACCORDING to claimant-respondent nos. 1 and 2, on 29. 4. 2002 when deceased vijay Kumar was working under the employment of non-applicant No. 2, owner of tractor No. MP 20-B 6420, as a loader (hammal), on aforesaid tractor, he got crushed under the wheel of the tractor, when non-applicant No. 1 Manohar drove the said tractor rashly and negligently at balaghat-Baihar Road near railway crossing and Vijay Kumar, who was sitting in the tractor along with other loaders fell to the ground and thus came under the wheel.

( 3 ) THE learned Tribunal adjudged the deceased's income to be Rs. 2,000 per month on the basis of thorough assessment of the evidence adduced on behalf of the respondents-claimants and thus held the annual dependency to be Rs. 10,770. Applying the appropriate multiplier of 16, an amount of Rs. 1,72,500 is arrived at for the death of Vijay Kumar. Rs. 2,000 is awarded as funeral expenses and an amount of rs. 5,500 is ordered to be paid for loss of love and affection, making a total amount of Rs. 1,80,000.

( 4 ) THE appellant insurer has assailed the award on the grounds that the deceased was not sitting in the trolley but was sitting on tractor whereas only one person, i. e. , the driver was permitted to occupy the seat on tractor, that at the time of accident, the trolley was loaded with dowry goods and the deceased was travelling on tractor as a 'barati'.

( 5 ) IT is not being disputed that at the time of accident the aforesaid tractor bearing no. MP 20-B 6420, owned by Manoj kumar, non-applicant No. 2 (respondent no. 4) was validly insured with appellant insurer, for agricultural purposes. Then relying on unrebutted statement of the respondent-claimant Sarvanlal and claimant's witness Tapesh Kumar, an eyewitness, so also F. I. R. Exh. P-1, it is opined by the learned Tribunal that at the time of accident, the deceased along with other loaders inclusive of Tapesh Kumar, who were working on the involved tractor of manoj Kumar, non-applicant No. 2, were returning back to the residence of non-applicant manoj Kumar, after getting the said tractor repaired, when the accident occurred on account of rash and negligent driving by Manohar, non-applicant No. 1. Since no rebuttal evidence is adduced on behalf of appellant insurer to prove this fact that at the time of accident, the tractor was being used to carry the marriage party of which the deceased was a member, the tribunal is found to have committed no illegality in arriving at this conclusion that at the time of accident, the deceased was travelling on the tractor in the capacity of a loader, under the employment of non-applicant no. 2 Manoj Kumar, the owner.

( 6 ) THEN for the sake of argument, even it is opined that at the time of accident the tractor was being used to transport a marriage party, for which it was not insured then, as per clause (7) of rule 97 of the m. P. Motor Vehicles Rules, 1994, a tractor-trailer registered in the name other than an industrial organisation, water supply institution, municipal institutions and the non-agricultural co-operative societies for unladen weight up to 7300 kg. may be used for marriage purposes also. The relevant provision runs as under: " (7) Notwithstanding anything contained in sub-rules (1) and (2) but subject to the provisions of sub-rule (5) such tractor-trailer other than those registered in the name of industrial organisation, municipal institutions, water supply institution and the non-agricultural cooperative societies, and the unladen weight of which does not exceed 7300 kg. May be used for the following purposes: (i) for carrying labourers and the members of the family of agriculturist for the purpose of agr