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Judgment
Mr. Justice Subhash B Adi
There is a delay of 71 days; in filing the appeal Cause shown is accepted. Delay of 71 days in filing the appeal is condoned. Accordingly, Misc. Cvl. No. 22482/2010 is allowed. This is a owner appeal against the judgment and sward dated 18.6,2010 in MVC No.45/2007 on the Sle of the MACT, Pavagada questioning the liability.
On appreciation of the evidence on record, the Tribunal has awarded compensation of 2,25,000/-.
Claimants are the parents of the deceased. The deceased was 11 years at the time of accident that occurred on 4.2.2007. The case of the claimants is that when they were away from the house, driver of the tractor bearing No. KA-06 M-3043 took him on tractor. On the way, on account of the rash and negligent driving of the driver, deceased fell down and died on the spot. This is admitted case of the claimants. The reference to the which is also made and it is only the tractor and not trailer, Hams, the deceased who was minor cannot be coolie or employee. The fact is that he was traveling on the mudguard of tractor, hence, the insurer cannot he made liable to the negligence of the driver of the tractor. Further, risk of the person traveling on the mudguard of tractor is not covered under the policy. Tribunal, considering the same, has rightly held that the owner is liable to pay the compensation. This Court in a decision reported in National Insurance Co. Ltd. Vs. Bramaranbike and Others, has held that Regulation 28 of Motor Vehicles Act cannot permit a person to travel on the mudguard of tractor and it is statutory violation and insurer is not liable. Hence, no grounds to interfere with the judgment and award of the Tribunal. Accordingly, the appeal in dismissed. Amount in deposit is directed to be transmitted to the Tribunal.