JUDGMENT

1. This miscellaneous appeal under section 173 (1) of Motor Vehicles Act, 1988 has been filed against the award dated 18.10.2010 passed by Fourth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 107/2009, by which the claim filed by the claimants has been partially allowed. The insurance company has been exonerated from its liability on the ground of violation of the insurance policy.

2. The necessary facts for disposal of the present appeal in short are that the appellants/claimants filed an application under section 163A of MV Act on the averments that on 9.2.2009 at about 5:00 pm, the deceased Chandrakumari was coming back from Ratangarh Mata temple and was standing by the side of the road and was waiting for the bus and at that time the defendant No. 1, by driving the tractor and trolly bearing registration No. UP093/Q2021 in rash and negligent manner, turned the tractor and trolley upside down, as a result of which the deceased Chandrakumari, who was standing on the road, got crushed under the tractor and trolley and died on the spot. FIR in Cr