Neutral Citation No. - 2025:AHC:88150 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 2239 of 2009 Appellant :- New India Assurance Co Ltd Respondent :- Smt. Phoolmati And Others Counsel for Appellant :- Arvind Kumar Counsel for Respondent :- Amrendra Nath Rai,Sanjay Singh Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the appellant, Sri Sanjay Singh, learned counsel for the claimant-respondent nos.1 to 4. No one is present on behalf of respondent no.5, who was owner of offending tractor. 2. The present first appeal from order has been filed by the Insurance Company against the judgment and award dated 18.4.2009 passed by Motor Accident Claims Tribunal/Additional District Judge, Court No.6, Shahjahanpur in M.A.C.P. No.304 of 2008 (Smt. Phoolmati and others Vs. The New India Assurance Company Limited and another), by which compensation of Rs.4,41,500/- along with 6% interest has been awarded to the claimants-respondents on account of death of Muneshwar, who died in a road accident occurred on 6.3.2008. 3. It is submitted by learned counsel for the appellant that the tractor was insured for agricultural purposes but at the time of accident it was used for commercial purposes and there was a breach of terms and conditions of insurance policy and appellant Insurance Company cannot be held liable to pay any compensation to the claimants and only owner of tractor is liable to pay compensation. 4. On the other hand, learned counsel appearing on behalf of claimants-respondents submits that there was no breach of any conditions of insurance policy. The Claims Tribunal had framed specific issue no.3 regarding breach of policy and the Claims Tribunal after considering entire evidence, which are available on record has decided the issue in favour of owner of the vehicle. 5. Considered the submissions of learned counsel for the parties and perused the record. 6. It was the specific case of the appellant Insurance Company before the Claims Tribunal that the tractor was insured for agricultural purposes but was used for commercial purposes. The deceased was gratuitous passenger and was travelling in the trolley attached with the tractor and there was breach of terms and conditions of insurance policy. The appellant had produced Sri S.K. Sharma as D.W.-1 to prove its case. 7. The Claims Tribunal after considering the evidence adduced by appellant Insurance Company has recorded the finding while deciding issue no.3 that the Insurance Company has failed to prove that the deceased was travelling in tractor after paying fare. The finding recorded by the Claims Tribunal in respect of breach of policy is based on evidence and materials which are available on record and there is no illegality in any manner. 8. The compensation awarded by the Claims Tribunal is almost just and proper and can not said to be excessive in any manner. No ground for interference is made out. The appeal is devoid of merits and is dismissed accordingly. 9. The appellant Insurance Company is directed to deposit the entire awarded amount within two months from today if already has not been deposited. The claimants are permitted to receive the deposited amount without furnishing any surety. Order Date :- 23.5.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad