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Judgment
J.B. Koshy and K. Hema, JJ.—This appeal is filed by the insurance company against the award of the Motor Accidents Claims Tribunal, Kalpetta. Respondent No. 1-claimant was travelling in a tractor sitting on the mudguard. The tractor was used to bring bricks for his house construction. When the tractor overturned into a deep ditch, the claimant sustained injuries. Contention of the appellant is that travelling on the mudguard is prohibited. Therefore, the accident occurred only due to negligence of the claimant. The tractor was covered by the insurance policy. On going through the policy also we are of the opinion that passengers cannot travel in the tractor as per the policy conditions. Even if he is covered, we are of the opinion that since the accident occurred due to negligence of the claimant by travelling by sitting on the mudguard, the appellant is not liable to pay compensation. Hence, we allow the appeal and hold that the appellant insurance company is not liable to pay compensation as held by the Tribunal.