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Judgment
K. Sreedhar Rao, J.—The Appellant / Petitioner was a loader attached to the tractor / trailor working under Appellant in MFA No. 135/2004. When the Petitioner was travelling in the course and out of employment the tractor / trailor met with an accident. The Petitioner sustained fracture injury to the spinal column. The Petitioner is totally paralyzed. The doctor has assessed the disability at 60%. A claim is made before the Motor Vehicles Claims Tribunal instead of Workmen Compensation Commissioner.
The Tribunal has found that the Petitioner is entitled for compensation of Rs. 1,67,400/-. The liability of the insurer is restricted to Rs. 79,182/-. As per the liability arising under the Workmen''s Compensation Act, the balance of compensation is directed to be payable by the owner. Therefore, one appeal is filed by the Petitioner seeking enhancement of the compensation and direction against the insurer to pay the entire compensation and another is filed by the insurer to fasten the liability on the insured of the vehicle in question.
Section 2(b) of Central Motor Vehicles Act, 1988 declare that the agricultural tractor is not a non-transport vehicle. The notification of the Central Government u/s 41(4) dated 05.11.2004 is as follows:
Transport Vehicles
Non-Transport Vehicles
(1)
(2)
(i)
Motor-cycle with side car for carrying goods
(i)
Motor Cycle with or without car for personal use.
(ii)
Motor cycle with trailer to carry goods
(ii)
Motor cycle with trailer to carry personal effects.
(iii)
Motor cycle used for hire to carry one passenger on pillion and motorised cycle-rickshaw for goods/ passengers on hire
(iii)
Mopeds and motorised cycles (engine capacity exceeding 35cc)
(iv)
Motor cab and Luxury cabs.
(iv)
Invalid carriage.
(v)
Goods carrier trucks/ tankers/mail carriers.
(v)
Three-wheeled vehicles for personal use.
(vi)
Trailers
(vi)
Motor car.
(vii)
Maxi cab.
(vii)
Fork Lift.
(viii)
Stage carriers.
(viii)
Vehicles/trailers fitted with equipmets like Rig, generator, compressor.
(ix)
Contract carriages and tourist vehicles
(ix)
Crane mounted vehcile.
(x)
Three-Wheeled vehicles for transport of passenger/ goods.
(x)
Tractor
(xi)
Mobile clinic/X-ray vab/Library vans
(xi)
Trailers to carry personal effects
(xii)
Private Service Vehicle
(xii)
Tower wagons and tree trimming vehicles
(xiii)
Educational Institution buses
(xiii)
Two Trucks Breakdown Van Recovery Vehicles
(xiv)
Ambulances
(xiv)
Omnibus for private use.
(xv)
Mobile canteens
(xv)
Camper Van/Trailer for private use.
(xvi)
Cash Vans
(xvii)
Articulated vehicles
(xviii)
Camper Vans/Trailers.
(xix)
Animal ambulances.
(xx)
Hearses
(xxi)
Mobile workshops.
(xxii)
Fire tenders, snorked ladders, auxiliary trailers and fire fighting vehicles.
(xxiii)
Omnibus.
(xxiv)
Dumper/Excavator.
Section 2(14) of the M.V. Act defines "goods carriage" as follows:
(14) goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;
On close reading of the notification the trailers at item No. 6 is categorized as a transport vehicle. The trailer is not an automobile, unless it is attached to a tractor or any other automobile vehicle. The tractor at item 10 in clause No. 2 is categorized as a non-transport vehicle. At item No. 11 of clause No. 2 trailers to carry personal affects are also categorized as non- transport vehicle. The tractor with a trailer for transportation of agricultural produce and other goods would be very much a goods vehicle. Besides such a tractor and trailer would be a goods carriage within the meaning of Section 2(14) of the M.V. Act, in which event the risk of workmen/loaders of the tractor/trailer is necessarily to be covered u/s 147 as an Act Policy without collecting any additional premium. In that view of the matter, the insurer in this case would be liable to pay the entire compensation In terms of the Workmen''s Compensation Act.
The Petitioner is totally paralyzed. The disability assessed by the Doctor is only technical nature. The Petitioner is substantially disabled to do any work, which he was able to do prior to the accident. The income of the Petitioner is assessed at Rs. 1500/-. The reckonable income for compensation would be Rs. 900/- (60% of 1500 = 900). The relevant factor would be 165.91. The total compensation payable would be Rs. 1,49,319/-(900 x 165.91) with interest at 12% p.a. from one month after accident till the date of payment. The entire compensation shall be payable by the insurer.
The appeals are allowed.