The court will not interfere with an award of the Claims Tribunal if it is based on a proper consideration of the evidence.

N.P. Singh, J.

1. This appeal is directed against the award dated 29.6.1989 passed by the Motor Accidents Claims Tribunal, Rewa, in M.V. Case No. 30 of 1984 whereby he awarded compensation of Rs. 1,00,000/- to claimants-respondents against the appellant, being the owner and driver of the tractor, exonerating the insurance company from the liability to pay the compensation.

2. Facts giving rise to this appeal are that on 22.5.1984 the deceased Maha-deo, who possessed a grocery shop in his village Ghoura, was hauling wheat bags by tractor-trolley No. MBA 7213 of the appellant to Mangawan. The tractor was being driven by the appellant in rash and negligent manner, as a result the tractor turned turtle while crossing a nalla at about midnight and as a result the deceased came under the trolley and was badly injured while other occupants of the trolley escaped injury. The deceased was admitted to Gandhi Memorial Hospital, Rewa, where he succumbed to his injury on 21.7.1984.

3. The wife, daughter and son of the deceased filed the claim case against the appellant and the insurance company, respondent No. 4, claiming compensation of Rs. 1,08,000/- on the ground that the deceased was aged about 35 years at the time of his death and he had income of Rs. 1,000/- from his grocery shop. The claim case was contested by the appellant and his father and the insurance company. The appellant and his father jointly filed written statement, denying their liability to pay compensation. They denied that the tractor was being plied for commercial purposes. The deceased was neither travelling in the tractor nor his bags were being carried in the tractor-trolley. They had been falsely implicated on account of group rivalry in the village. The deceased was aged about 55 years at the time of his death and he had no income, much less Rs. 1,000/- from his grocery shop. The insurance company in its reply denied the liability to pay compensation on the ground that the tractor was being driven by the appellant without any valid licence and in utter violation of the terms and conditions of the insurance policy. The tractor was being plied for commercial purposes and not for agricultural use. Therefore, the insurance company was not liable to pay compensation. The learned Tribunal, on consideration of evidence brought before it awarded compensation of Rs. 1,00,000 to the claimants-respondents.

4. The instant appeal has been filed by the owner of the tractor, whereas the claimants-respondents have also preferred cross-objection for enhancement of the compensation amount.

5. Mr. U.N. Awasthy, learned Counsel for the appellant, has contended that the findings of the Tribunal are perverse and bad in law. The accident is alleged to have taken place near a nalla whereas the witnesses have deposed that there was no nalla at the alleged place of accident. Apart from this infirmity, the F.I.R. lodged regarding the accident has not been brought on record. Therefore, the accident is not proved. Moreover, the offending tractor was insured with the insurance company, but the insurance company has been wrongly exonerated.

6. It is, however, evident from the impugned award that the Head Constable, P.S. Kotwali, had visited the hospital on information being given by the doctor of the hospital and had recorded the statement of the deceased Mahadeo in the hospital.

7. It is evident from the impugned award that claimants' witness Ramadhar Gupta has deposed that information of the accident was not lodged at Police Station Mangawan, but the police had visited the hospital at Rewa and recorded the statement of the deceased Mahadeo. The claimants had requisitioned the rojnamcha report dated 22/23.5.1987 from Civil Line Police Station which was produced before Tribunal on 15.3.1989 by Head Constable Kamta Prasad. But copy produced by the Head Constable was not legible. Therefore, Head Constable was directed to produce a legible copy on 31.3.1989. The police informed the court that t