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 th