S. B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against a judgment and order dated 13-02-2004 passed by a Division Bench of the Punjab and Haryana High Court whereby and whereunder the appeal preferred by the appellant herein against the judgment and order dated 3-12-2003 passed by the Motor Accident Claims Tribunal, Hoshiarpur under Section 166 of the Motor Vehicles Act, 1988, was summarily dismissed.
(3.) The facts necessary to be noticed for the present appeal are that the tractor bearing Registration Number PB-070-1026 was owned by three brothers, namely, Mahinder Singh, Joginder Singh and Jagdev Singh. Ajay Kumar son of Mahinder Singh was driving the said vehicle on 18-10-2000. He did not have a driving licence. The accident occurred at about 7.00 p.m. on the aforementioned date. The deceased, Baldev Singh, was said to have been travelling on the mudguard of the said tractor which was going to Hoshiarpur loaded with safeda wood. Owing to rash and negligent driving by Ajay Kumar, the deceased fell down and came underneath the said tractor. A claim petition was filed before the Motor Vehicles Accident Claims Tribunal on 19-07-2001 by the heirs and legal representatives of the said deceased. Appellant, in its written statement, inter alia, raised the following contentions : (1) The deceased being a passenger in the said tractor, was not a third party within the meaning of the provisions of Section 147 of the Motor Vehicles Act. (2) As he was travelling on the mudguard of the tractor in breach of conditions of contract of insurance, the insurance company was not liable to reimburse the owner of the vehicle; and (3) Ajay Kumar, being the son of one of the owners of the tractor and having no licence to drive the same, the case comes within the purview of the exception as regards the liability of the insurer as envisaged under sub-section (2) of Section 149 of the Motor Vehicles Act. ;