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2021 Supreme(Kar) 178

ABHAY S.OKA, H.T.NARENDRA PRASAD, HEMANT CHANDANGOUDAR
Gadhilingappa @ Gadhilinga S/O Ulluru Mallappa @ Yellappa Aged – Appellant
Versus
K. Guleppa S/O K Lingappa – Respondent


Advocates:
Advocate Appeared:
For the Cross Objectors :Smt. Sunitha P Kalasoor, Advocate
For the Respondent:Smt Preeti Shashank, Advocate For Sri.B.C. Seetharama Rao, Advocate

JUDGMENT

Abhay S. Oka, J.

A learned Single Judge of this Court, by the Judgment and order dated 2nd January, 2018 disposed of MFA Crob Nos. 100001/2016 (MV) in MFA No.102649/2015, MFA Crob Nos. 100003/2016 (MV) in MFA No.102651/2015, MFA Crob Nos. 100002/2016 (MV) in MFA No.102650/2015, MFA No.102649, MFA No.102650/2015 and MFA No.102651/2015. While disposing of the said MFA cross objections and appeals, the learned Single Judge was of the view that since there are conflicting decisions rendered by the co-ordinate Benches of this Court, the following questions are required to be referred to a larger Bench of this Court:

    (I) Whether a person travelling on a mud-guard of a tractor can be construed as an authorized passenger or an unauthorized passenger and liability of such person is covered or not?

(II) Whether the persons who are working either on the ploughing or crushing machines attached to the tractor can be construed as employees so as to cover their risk statutorily under Section 147 of MV Act though there is only one seating capacity in the tractor apart from the driver?

(III) Whether the crushing machine or ploughing machine or any other instrument attached to the tractor can be

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