ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed under Section-173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’ for brevity) by the appellant - Insurance Company, challenging the judgment and award dated 09.04.2012, passed in MVC No.1983/2010, on the file of Fast Track Court-III and Additional M.A.C.T, Belgaum (hereinafter referred to as ‘the Tribunal’ for brevity), questioning the liability fastened on it to pay compensation to the claimants.

2. It is the case of claimant that on 11.02.2007 the deceased Kumar was waiting for his father i.e., respondent No.3 herein near Shivabasav Nagar Kalyan Mantap Cross, Belgaum and the respondent No.3, who was driver on the tractor and trailer No.KA-22/6219 and 6220, was coming towards circle to go to Gangwadi. When respondent No.3, the driver on the said tractor and trailer was about to stop the vehicle near Kalyan Mantap, the vehicle moved further from Kalyan Mantap, meanwhile the deceased Kumar was about to get into the said tractor and at that time, deceased Kumar came in contact with left wheel of the said tractor and jumped into ground. Consequently, wheel of tractor ran ove