Mohamad Batcha is the appellant herein.

2. The appellant has filed this appeal against the order of the tribunal, dismissing the application for condonation of delay of 526 days in filing the petition to set aside the ex parte order, directing him to pay the compensation of Rs.34,560 to the claimants respondents 1 and 2 for the death of their son in the accident occurred due to the negligent driving of the driver of the tractor belonging to the appellant.

3. Mathim alias Ilamathi, aged about 15 years, was working under I.Mohamed Batcha, the appellant herein, by assisting him in carrying water by the tractor belonging to him.

4. On20.6.1986 at about 4 p.m., when the driver of the tractor and the deceased were engaged in the course of carrying water for irrigating ‘thopes’, the driver drove the tractor in a rash and negligent manner. In view of the rash driving, the deceased, who was sitting in the tractor, was thrown off and right front wheel of the tractor ran over the boy and caused severe multiple injuries on him. He was taken to the Government Rajaji Hospital. Madurai and at 10 p.m. he died.

5. The parents, Andi Ambalam and Irulayee, the respondents 1 and 2 herein