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
deceased.
He would also contend that the deceased was travelling on
the mudguard of the tractor and as such, there is a breach
of policy ... appellant in
view of the circumstances that the
deceased was travelling on mudguard of
the tractor?
9. Having heard the arguments and perusing the
records
rickshaw. Due to this accident, the paddle of the rickshaw and
the mudguard of the motorcycle broke. Upon which the boys who were ... side paddle of his thela-rickshaw got broken as well as the
mudguard in front portion of the motorcycle due to the collision. The
four
deceased was
traveling on the tractor and was sitting on the mudguard of the
tractor. He invited the attention of the Court to the evidence ... 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
trailer was not insured
and the deceased being travelled by sitting on
Mudguard, he is not entitled for any compensation.
8. Learned counsel has also ... along, the respondents have contended
that the deceased was travelling on Mudguard of the
tractor. But, there is absolutely no piece of evidence
to substantiate
this Court held that the
person was permitted to travel on the mudguard of a tractor,
6
the Insurance Company is not liable ... Court held
that the person who is sitting and travelling on the mudguard
is not entitled for compensation on account of the injury or
fatal
deceased was sitting on the
-4-
MFA No. 21416 of 2013
mudguard of the offending vehicle and therefore, it was not
liable to indemnify ... Though the
insurer claimed that the deceased was sitting on the
mudguard of the offending vehicle, not even a suggestion
was put to PW1 during
riders, lost his control and dashed on the right side rear wheel
mudguard and fell down, sustained injuries and died. The Tribunal erred in
rejecting ... fact that the
damages to the lorry is on the right side mudguard which clearly shows that
the accident occurred only due to the negligence
accused and
reprimanded them. By then, the accused was holding a
mudguard of jeep in his hand. After reprimanding the accused,
3
they were returning ... seized the jeep mudguard in
the presence of mediators under the cover of seizure
panchanama at the hayrick yard of accused. L.W.14 sent
murdering the deceased, was recovered.
15. During course of the investigation, the mudguard of Safari Car was found near the dead body of the deceased ... which was recovered on the pointing out of the accused-applicant. The mudguard of the said Safari Car was sent to the Forensic Laboratory
