The Branch Manager vs Elumalai on 8 February, 2021
14. As per definition, goods carriage defines a motor vehicle
constructed or adapted for use solely for the carriage of goods or any
motor vehicle not so constructed or adopted when used for the
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18/45
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.3347, 3353 & 4450 of 2019
carriage of goods. The definition of tractor shows that the same is not
constructed to carry any load. The definition of trailer shows that any
vehicle drawn or intended to be drawn by the motor vehicle. The
definition of both tractor and trailer makes very clear that both
tractor and trailer are not intended to carry any passengers. When
more persons other than driver travelled in the tractor are
unauthorized passengers. The judgements relied on by the learned
counsel for the appellant, clearly proves that the persons who
travelled in the tractor sitting in the mudguard or engine or inside the
tractor are only unauthorized passengers. In addition to the above
contention that the passengers other than driver are unauthorized
persons, the learned counsel appearing for the appellant also relied
on Regulation 28 of Rules of Road Regulation, wherein it has been
stated that the driver of the tractor shall not carry any person on the
tractor. This issue came up for consideration before the High Court of
Karnataka in the judgment reported in Divisional Manager, ICICI
Lombardo General Insurance Co. Ltd., Hubli Vs. Mudiyappa and
another, 2013 (1) TN MAC 615 : (Kar) 2015 ACJ 680 : CDJ 2013
Kar HC 167. The Karnataka High Court held that there is violation of
Regulation 28 of the Motor Vehicles Rules, referred above, when the
driver driving the tractor carry or allow any person to be carried on
the tractor. The Karnataka High Court considering the facts that
when the persons travel in the tractor and fell down and got injured,
held that the Insurance Company is not liable to pay compensation.