FAO No.3 of 2010 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3 of 2010 Date of Decision : 22.07.2011 Oriental Insurance Company .......Appellant Versus Sukhwinder Kaur and others .......Respondents CORAM:- HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: Mr. Suvir Dewan, Advocate, for the appellant. Mr. Ashok Giri, Advocate, for respondent Nos.1 to 5. Mr. Gurinder Pal Singh, Advocate, for respondent Nos.6 and 7. **** JITENDRA CHAUHAN, J. (ORAL) The appellant-Insurance Company has come in appeal impugning the Award dated 20.08.2009, passed by the learned Motor Accident Claims Tribunal, SAS Nagar (Mohali), (hereinafter referred to as ‘the Tribunal’). I have heard the learned counsel for the parties and gone through the impugned award. A perusal of the impugned award would show that the deceased, Jasbir Singh, was travelling on the mudguard of the offending tractor. Therefore, there has been a breach of the terms and 1 FAO No.3 of 2010 conditions of the insurance policy. The learned Tribunal has fastened liability upon the Insurance Company to pay the compensation amount. Regulation 28 of the Rules and Regulations, 1989, formulated under the Motor Vehicles Act, 1988, reads thus:- “28. Driving of tractor and goods vehicles – A driver when driving a tractor shall not carry or allow any person to be carried on the tractor…” Taking into consideration the facts and circumstances of the present case, the present appeal is allowed and recovery rights are given to the appellant-Insurance Company. The award of the learned Tribunal is modified to the extent indicated above. ( JITENDRA CHAUHAN ) 22.07.2011 JUDGE atulsethi Note: Whether to be referred to reporter ? Yes/No 2