attached
with a Harvester Machine by sitting on the mudguard of the Tractor and
due to rash and negligent driving of the driver ... permitting the deceased Kannammal and
few others to sit on the mudguard of the Tractor, the third respondent/
owner of the vehicle violated the terms
deceased was traveling in the tractor trailer unit by
sitting on mudguard of the tractor by violating the
Regulation No.28 of the Rules ... complainant has clearly stated that the deceased was
traveling on the mudguard and when he came to be
:4:
examined as R.W.3, neither
does not cover the risk of
the employee sitting on the mudguard. She also
contended that no extra premium is collected except the
driver. Under ... that at the
time of accident, deceased Vasanthkumar was sitting on
the mudguard of the tractor and he died on the spot. It
is also
near to the seat of the driver of the Tractor ie., Mudguard, as loadwoman on
the date of occurrence and hence, the owner ... deceased was travelled in the Tractor by sitting on the Mudguard, near to the
driver seat and fell down from the Tractor, the Insurance Company
case of contributory negligence as deceased-Mahesh Kumar was sitting
on the mudguard of the offending vehicle with his 4 years ... Wife of the deceased-Mahesh Kumar was also sitting on the mudguard but
had not fallen down which belie the story of claimants (respondents
month of the
4
accident, the jeep bore a scratch on the mudguard of the
tyre on the upper footboard on the left side ... side of the offending vehicle a scratch mark was noticed on
the mudguard of the left tyre which contradicted
passenger in the tractor and trailor by
sitting on the right side mudguard by violating the
Rules and Regulations of the Act. They further
contended ... Basanagouda and at that time petitioner was sitting
on the right side mudguard of the tractor engine
though the seating capacity is only for driver
that the
deceased was negligent as he was sitting on the mudguard of
the tractor and that as the policy conditions were breached,
the insurance ... counsel apart
from his primary submission of negligence and sitting on the
mudguard of a tractor.
This Court after examining the facts and circumstances
notices
except the driver and that the 1 st
respondent travelled on the mudguard and therefore, the accident
occurred only due to the negligence ... load man of the tractor was found travelling, sitting
on the mudguard, sustained injuries due to the accident, the owner
and the insurer
School, Rani Devi (deceased) and the said Kamlesh, were
sitting on the mudguard of the tractor in question. Rani Devi fell down
because ... manner. It is further submitted
that the deceased was travelling on the mudguard of the tractor thus there
was no negligence on the part
