Neutral Citation No. - 2025:AHC:84904 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1317 of 2012 Appellant :- Oriental Insurance Co. Ltd. Respondent :- Ram Pyare Alias Pyare Lal And Others Counsel for Appellant :- Amaresh Sinha Counsel for Respondent :- Devesh Vikram,Narendra Deo Upadhyay,Vinay Bhushan Upadhyay Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the appellant-insurance company. 2. The appellant-insurance company has preferred the present appeal challenging the award dated 17.12.2011 passed by the MACT/Additional District Judge (ECP), Sonebhadra in MACT Case No.231 of 2007, whereby the Tribunal has awarded Rs.31,685/- along with 6% interest as compensation to the claimant/respondent for the injuries suffered by him in an accident on 22.05.2007 with tractor No.UP64J/1299. 3. Challenging the award, learned counsel for the appellant has contended that the driver of the tractor was holding the driving license to drive the light motor vehicles at the time of accident and thus, he was not authorized to drive the tractor. Accordingly, it is submitted that the owner of the tractor has committed breach of insurance policy and the Tribunal has erred in law in fastening the liability upon the appellant- insurance company to pay the compensation. It is further contended that it is a case of collision of two vehicles coming from opposite directions and the claimant-respondent was pillion rider of the motorcycle and the manner in which the accident had taken place establishes that there was some negligence of the rider of motorcycle in the accident and thus, the Tribunal should have reduced the compensation to the extent of negligence of the rider of motorcycle in the accident. 4. Be that as it may, the Apex Court in the case of M.S. Bhati Vs. National Insurance Company Ltd. (2019) 0 SCC 1427 has held that a person holding the driving license to drive the light motor vehicles is authorized to drive the tractor and there is no breach of insurance policy committed by the owner. Thus, this Court finds that the finding of the Tribunal on the issue of driving license is based upon proper appreciation of law. 5. So far as the issue of contributory negligence is concerned, the Tribunal after appreciating the evidence on record concluded that the accident was result of sole negligence of the driver of the tractor. 6. Learned counsel for the appellant has failed to demonstrate that the rider of the motorcycle was also negligent in the accident. 7. Thus for the reasons given above, the appeal lacks merit and is accordingly dismissed. Order Date :- 20.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad