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1 - 10 of 10 (0.40 seconds)Section 187 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 279 in The Indian Penal Code, 1860 [Entire Act]
Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 337 in The Indian Penal Code, 1860 [Entire Act]
Section 338 in The Indian Penal Code, 1860 [Entire Act]
Section 10 in The Employee's Compensation Act, 1923 [Entire Act]
Gadhilingappa @ Gadhilinga S/O Ulluru ... vs K. Guleppa S/O K Lingappa on 20 April, 2021
8. Learned counsel, therefore submitted that the
deceased was traveling as a passenger and was seated on
the mudguard of the tractor and therefore, the insurer was
not statutorily bound to cover the risk of such a passenger.
The learned counsel relied upon the judgment of the Full
Bench of this Court in Gadhilingappa @ Gadhilinga and
another vs. K. Guleppa and others reported in ILR 2021
KAR 3377 where the Full Bench of this Court considered the
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MFA No. 21306 of 2011
question of liability of an insurer to cover the risk of a person
sitting on a mudguard of a tractor. The Full Bench of this
Court, after considering various decisions of Hon'ble
Supreme Court as well as the Full Bench of this Court held
that the insurer is not liable to cover the risk of a passenger
seated on the mudguard of a tractor. The learned counsel,
therefore, submitted that the Commissioner committed an
error in fastening the liability to pay the compensation upon
the insurer.
The Employee's Compensation Act, 1923
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