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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 -8- 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.
Karnataka High Court Cites 26 - Cited by 14 - Full Document
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