- (1.) THIS appeal has been preferred by the claimants whose claim petition was dismissed by the Motor Accident Claims Tribunal, Ambala, vide award dated 10.11.1999.
(2.) THE facts of the case are apposite for appreciating the issue raised herein. On 24.04.1997, Balak Ram was travelling in a tractor -trolley bearing No.PB -32/8288. The tractor was being driven by respondent no.2. When it reached near Saini Brick Kiln on Mouli Shazadpur Road, it turned turtle and fell into a ditch. Balak Ram died in this accident. He was an employee of the Municipal Committee, Sadhaura and was earning Rs.10,000/ - per month.
(3.) THE Tribunal after going through the evidence held that the tractor was not insured for carrying passengers and no claim could be lodged. The counsel for the appellants has relied upon the the decision of the Hon'ble Apex Court in New India Assurance Company Vs. Smt. Shakuntla Devi and others, 1997 AIR(J&K) 40 and has urged that the claim petition was maintainable and the deceased was a gratuitous passenger and a reading of Section 147(1)(b)(i) makes it clear.;