K. Sreedhar Rao, J : The appellant / petitioner was a loader attached to the tractor / trailor working under appellant in MFA N 0.135/2004. 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.

2. 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.

3. Section 2(b) of Central Motor Vehicles Act, 1989 declare that the agricultural tractor is not a non-transport vehicle. The notification of the Central Government under Section 41(4) dated 05.11.2004 is as follows:

Transport Vehicles Non -Transport Vehicles

(1) (2)

(i) Motor-cycle with side car i) Motor Cycle with or

for carrying goods without car for personal use.

(ii) Motor cycle with trailer (ii) Motor cycle with trailer to

to carry goods carry personal effects.

(iii) Motor cycle used for Gii) hire to (iii) Mopeds and motorised cycles

carry one passenger:\ on pillion and (engine capacity exceeding 35cc)

motorised cycle-rickshaw for goods/

passengers on hire

(iv) Motor cab and Luxury (iv) Invalid carriage.

cabs.

(v) Goods carrier trucks/ (v) Three-wheeled vehicles tankers/

mail carriers. for personal use.

(vi) Trailers (vi) Motor car.

(vii) Maxi cab. ( vii) Fork Lift.

(viii) Stage carriers. (viii) Vehicles/trailers fitted with

equipments like Rig, generator, compressor.

(ix) Contract carriages and (ix) Crane mounted vehcile.

tourist vehicles

(x) Three-Wheeled vehicles for (x) Tractor

transport of passenger/ goods.

(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, auxillary

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;"

4. 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 cl.No.2 is categorized as a non-transport vehicle. At item No.11 of cl.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 under Section 147 as an Act Policy without collecting any additional premium. In that view of the matter, the insurer in this case would be liab