JUDGMENT : K. KANNAN, J. 1. C.M NO. 25126-CII of 2015 While hearing Civil Miscellaneous Application, for staying the operation of order dated 28.10.2015, with the consent of both the parties, the main case itself taken up for final hearing today itself. Main Case The tractor attached to a trailer had been insured as for agricultural operation. The Tribunal denied indemnity to the owner for the claim arising out of a motor accident, holding that the driver merely had a licence to drive a tractor (LMV) and did not carry a transport vehicle endorsement. The reasoning is on the logic that tractor with trailer is a goods carriage and hence a transport vehicle. Consequently, the driver ought to have a transport vehicle endorsement to qualify as holding an effective driving licence. 2. A tractor with trailer is, under normal circumstances, a goods carriage. But as per the Central Motor Vehicles Rules 1989, Rule 2(b) and 2(c) define agricultural tractor and agricultural trailor thus: 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. 2(c) "agricultural trailer" means a trailer generally left uncovered with single/double axle construction which is coupled to an agricultural tractor by means of two hooks and predominantly used for transporting agricultural materials. 3. In the types of Motor Vehicles as notified by the Central Government through the Ministry of Surface Transport in notification No. 1248(E) Dated 5.11.2004, classifying transport and non-transport vehicles, "agricultural tractor and power tiller" as well as "tow trucks" have been classified as "non-transport vehicles". Consequently, they are non-transport vehicles and a transport vehicle endorsement is not required in the driving licence. 4. Without reference to the above rules, the Supreme Court Fahim Ahmad and others v. United India Insurance Co. limited and others Civil Appeal No. 6220 of 2008, decided on 25.03.2014 has come to the same conclusion that an agricultural tractor with trailer is not a transport vehicle. The exoneration of Insurance Company for alleged breach of violation of terms of policy cannot therefore be supported. The decision of the court below is set aside and the appeal is allowed, making the Insurance Company liable for the award granted in favour of the claimants.