Smt. Chameli and Others vs Mukesh and Others

S.S. Sudhalkar, J.—An accident had taken place in which person sitting on the tractor fell down from it and was crushed under the wheel of

the tractortrolly which proved fatal. The Tribunal dismissed the claim petition filed by the dependent of the deceased relying on the judgment of

learned single Judge in the case of The New India Assurance Company Limited v. Smt. Tara Wati, reported in (1994) 2 PLR 103. In the said

judgment it is observed as under :--

On consideration of the arguments of the counsel for the parties, I find no substance in the arguments of respondents counsel u/s 95 of the Motor

Vehicles Act, tractor has been defined as a Vehicle not meant for carrying passengers. Otherwise also, it is a matter of common knowledge that

tractor is not meant for carrying passengers. Whosoever takes a ride on it, shall be doing so at his own risk. If some unfortunate occurrence takes

place neither the driver nor its owner can be held liable and if the tractor is insured with the Insurance Company no liability on the Insurance

Company for the death or injuries sustained in the accident, can be fastened on this account. In view of the provisions of the Motor Vehicles Act,

no liability could be fastened on the Insurance Company for the death of a person who was travelling on the tractor. The law is also further settled

that when a person is travelling on a vehicle which is not meant for carrying passengers, the Insurance Company is not liable.

This case was referred to the Division Bench for decision on the following question;

Whether in an accident in which death of or an Injury to a passenger being carried on a tractor is caused, the claimants can or cannot claim

compensation under the provisions of the Act from the driver and owner of the tractor,

When the matter came up for hearing none appeared for the parties. We have read facts of this case and gone through the Judgment in the case

of The New India Assurance Company Limited v. Smt. Tara Wati 1994 (2) PLR 103 (supra) and also the judgment by which the matter was

referred to the Division Bench.

Section 165 of the Motor Vehicles Act (hereinafter referred to as the ""Act"") is as under :

S. 165. Claims Tribunals : (1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims

Tribunal (hereinafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of

adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor

vehicles, or damages to any property of a third party so arising, or both.

Therefore, if the accident had taken place and that was caused by the use of a motor vehicle, then the Tribunal shall have Jurisdiction to entertain

the claim. Section 2(44) of the Act defines tractor as a motor vehicle which is not itself constructed to carry any load (other than equipment used

for the purpose of propulsion). This definition shows that tractor is a motor vehicle.

Section 2(28) of the Act defines motor vehicle as a vehicle which is mechanically propelled, adapted for use upon roads whether the power of

propulsion is transmitted thereto from an external or internal source. From these two definitions, it is clear that a tractor is a motor vehicle and if the

accident has taken place by use of a tractor then certainly Claims Tribunal will have jurisdiction.

Learned single Judge in the case of The New India Assurance Company Limited v. Smt. Tara Wati 1994 (2) PLR 103 (supra) has observed

that the tractor has been defined as a Vehicle not meant for carrying passengers and whosover takes a ride on it, shall be doing so at his own risk.

It is also observed by the learned single Judge in that case that if some unfortunate occurrence takes place, neither the driver nor its owner can be

held liable. We do not agree with the view taken by the learned Single Judge in the case of Tara Wati (supra) in view of the above discussion

regarding Sections 165 2(44) and 2(28) of the Act. We, therefore, answer the question referred to by the learned single Judge as under :--

When an accident takes place resulting into death or injury to a passenger being carried on a tractor, claim can be maintained by the injured or the

dependents of the deceased (as the case may be) for compensation under the provisions of the Act against driver and owner of the tractor.

This appeal shall now be listed before the regular Bench in due course.