1. Copy of the paper publication filed by the appellant – Company is accepted. Notice to Respondent-5 is held sufficient.

2. Since the appeal is of the year 2006, by consent of parties, the appeal is heard and disposed of on merits

3. The Insurance Company is before this appeal challenging the liability saddled on it by the MACT, Bangalore, dt.19.4.2006 in MVC No.6666/04.

4. The facts leading to this case are as hereunder:

The Respondent-1 to 4 are the legal heirs of one Raju @ Rajanna who died in a road traffic accident occurred on 4.5.2004. On which date the deceased was sitting on the engine of a Tractor bearing No.MYU-5158. The said Tractor had also a Trallor bearing registeration No.MY-5159. The Insurance Company contested the case on the ground engine alone was insured but not the Trallor and if the accident has taken place on account of the deceased travelling either on the Trallor or on the engine of the Tractor, the risk of such person is not covered under the policy. Therefore, it requested the court to dismiss the petition. The Trial Court based on the evidence let in by the parties awarded a total compensation of Rs.4,33,000/-. However, the liability has be