JUDGMENT :-

Gangele, J.

1. This appeal has been filed by the appellant insurance company under section 173 of the Motor Vehicles Act, 1988 against the award dated 16.4.2007, passed by the First Member, Motor Accidents Claims Tribunal, Datia, in Claim Case No. 45 of 2006.

2. The claimant submitted in his claim application filed before the Claims Tribunal that on 27.3.2006, he was travelling in a trolley, bearing registration No. MP 07-H 5321, which was attached to a tractor bearing registration No. UP 93-F 6099. He was going to have a darshan of Mata Ratangarh. Due to rash and negligent driving of the driver of the tractor the tractor turned turtle and trolley attached to the tractor also turned turtle. In the aforesaid accident the claimant received serious injuries.

3. From the pleadings of the claimant in the claim application, it is clear that he was travelling in a trolley attached to the tractor and going to have a darshan of Mata Ratangarh.

4. It is an admitted fact that the tractor was insured for agricultural purpose by the insurance company. The insurance of the tractor was comprehensive as per the insurance policy. But the fact remains that the claimant was travelling in