( 1 ) LEAVE granted.

( 2 ) APPELLANT Insurance Company is before us being aggrieved by and dissatisfied with the judgment and order dated 27. 1. 2004 passed by a Division Bench of the High Court of Rajasthan dismissing an appeal from the judgment and award dated 7. 4. 1999 passed by Motor Accident Claims Tribunal, Baran in the State of Rajasthan.

( 3 ) FIRST Respondent Brij Mohan filed the claim petition. He was a labourer. On or about 11. 3. 1998 he was travelling on a trolley attached to a tractor. There exists a dispute as to whether both the tractor and the trolley were insured or not. It may not be necessary to determine the said question. He was engaged to dig earth from a place known as Shishwali Ka Rasta. The earth so dug was loaded on the trolley attached to the tractor. Respondent and other workers were returning to the Bhatta (brick-klin ). He was sitting on the earth loaded on the trolley. The tractor allegedly was being driven rashly and negligently by Hemraj, the driver. He slipped down from the trolley, came under the wheels thereof injuring his gall-bladder and left thigh, as a result whereof he suffered grievous injuries.

( 4 ) THE learned Tribu