cross- examination of
Narasimhappa shows that he was sitting on the mudguard
of the tractor and also the evidence clearly establish that
they were ... liability of the persons who
suffers injuries by traveling on the mudguard or any other
attachment fixed to the tractor. Therefore, he contends
that
Tribunal has assigned the reason that the
claimants were sitting on the mudguard and hence, it is
infraction of terms and conditions of the Insurance ... evidence on
record it is proved, that the claimants were sitting on
mudguard of the tractor. Hence, the person who sits on
the mudguard
Tribunal has assigned the reason that the
claimants were sitting on the mudguard and hence, it is
infraction of terms and conditions of the Insurance ... evidence on
record it is proved, that the claimants were sitting on
mudguard of the tractor. Hence, the person who sits on
the mudguard
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
that the deceased was sitting on
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the left side of the mudguard. Though the materials and
policy details were available, the Tribunal has awarded ... This piece of evidence proves that the deceased
was travelling on the mudguard. Same is verified by the
Investigation Officer and it is further stated
owner has breached the
Policy conditions. The deceased was traveling on the
mudguard of the tractor sitting by the side of the driver.
The risk ... stated by PW.1 that her husband
was sitting on the mudguard of the big wheel of the said
tractor and fell down and died
owner has breached the
Policy conditions. The deceased was traveling on the
mudguard of the tractor sitting by the side of the driver.
The risk ... stated by PW.1 that her husband
was sitting on the mudguard of the big wheel of the said
tractor and fell down and died
coming to the conclusion that the
deceased was traveling on the mudguard of the tractor. Hence,
the present appeal is filed by the claimant before ... coming to the conclusion that the deceased was
traveling on the mudguard of the tractor, when no cogent
evidence is placed before the Court
disputed.
3. Insurance Company contended, as the deceased
was travelling on the mudguard of the tractor, he is
responsible for the accident. The death ... covered under the insurance policy. The deceased was
travelling on the mudguard, which is contrary to the
regulations and therefore, the insurance company
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
