Amitava Lala, J. - (1.) -This appeal is arising out of a judgment and order passed by the concerned Motor Accident Claims Tribunal, Bulandshahr, dated 20.2.2008 in M.A.C. No. 152 of 2000. Two persons died and one injured when the tractor was hit by a train on the way. It has been contended by the learned counsel appearing for the insurance company here as well as in the court below that the tractor is meant for agricultural purpose but when it was carrying some household material like cement and sands etc. for the construction of the house, it has been proceeded in contravention of the insurance policy for which either the owner has to pay the compensation or the insurance company will pay with the right of recovery of the same from the owner. The claimants are represented by Sri Nigamendra Shukla, the learned counsel present before the Court. The insurance company further contended that although right of recovery has been given thereunder but the same is restricted only with regard to the verification of the driving licence which he does not want to agitate before us in view of the availability of such document.
(2.) IT appears to us that the tractor and train both were fastened with the liability of 50% each. Now the main question has been raised before us for which a 'tractor' is made particularly upon going through provisions of the Motor Vehicles Act read with the Central Motor Vehicles Rules, 1989 and U. P. Zamindari Abolition and Land Reforms Act, 1950 to find out the meaning of agricultural purpose. It appears to us, the definition of tractor has been given under Section 2 (44) of the Motor Vehicles Act, 1988, which is as follows : "2 (44). "Tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion) ; but excludes a road-roller." Therefore, a very wide meaning has been given under the Act. No where the purpose and use is described. Rule 2 (b) under the Central Motor Vehicles Rules, 1989 speaks about the meaning of agricultural tractor as follows : "2 (b). "Agricultural tractor" means any mechanically propelled 4-wheel vehicle designed to work with suitable implements for various field operations and/or trailers to transport agricultural materials. Agricultural tractor is a non-transport vehicle." Therefore as per the Rules meaning of tractor is narrowed down by putting an additional word 'agricultural tractor'. Now it is to be seen whether the insurance coverage is meant for 'tractor' or 'agricultural tractor'. On the other hand if the statute interpreted, it will be known that when the Act is silent, vacuum will be filled up by the Rule laid down under the Act.
(3.) SECTION 142 (2) of the U. P. Zamindari Abolition and Land Reforms Act, 1950 gives a coverage of the use of agriculture under the heading 'use of land and improvements' as follows : "142 (2). A bhumidhar with non-transferable rights shall, subject to the provisions of this Act, have the right to exclusive possession of all land of which he is bhumidhar and to use such land for any purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture, poultry farming and social forestry." Therefore, we get extended meaning of 'agriculture'. However, we do not get any clue from the aforesaid discussions whether use of tractor for any domestic purpose is absolutely barred or not.;