further submitted that the
deceased Ravindra Singh was travelling by sitting on mudguard in the said tractor
as passenger with other persons and the said ... which it was held that a person who
was travelling on the mudguard, is not liable to get any compensation from
Insurance Company
death of a person sitting on the tractor,
particularly on the mudguard.
4. The Claims Tribunal framed the necessary issues and, after recording
evidence ... into a transport vehicle. The deceased was admittedly
sitting on the mudguard of the tractor at the time of the accident and no premium
tractor is meant only for the driver, and travelling
on the mudguard is prohibited under law, as proved ... Company did not collect any
premium for a person travelling on the mudguard of the tractor and,
therefore, the deceased was not covered under
deceased Rambhajan,
who was sitting over the sacks placed in the trolley/mudguard, sustained
fatal injuries and died on the spot. The incident was reported ... paragraph 61 of the award that the
deceased was sitting on the mudguard of the tractor-trolley. The Tribunal
has categorically held that the offending
deceased was standing on the roadside and was not
sitting on the mudguard of the tractor. Hence, the Insurance Company ought not
to have been ... deceased was standing on the roadside and
not sitting on the mudguard of the tractor.
8. Learned counsel appearing for the claimants submitted that
deceased was standing on the roadside and was not
sitting on the mudguard of the tractor. Hence, the Insurance Company ought not
to have been ... deceased was standing on the roadside and
not sitting on the mudguard of the tractor.
Signature Not Verified
Signed by: PRACHI MISHRA
Signing time
held that if a passenger travelling on the mudguard of
a tractor dies in an accident caused by rash and negligent driving, the
Insurance Company
held that if death of a passenger
travelling on the mudguard of Tractor when Tractor met with accident due to its
rash and negligent driving
been held that the deceased
therein was travelling by sitting on mudguard and the Court found the breach of terms
and conditions of Insurance Policy
been held that the deceased
therein was travelling by sitting on mudguard and the Court found the breach of terms
and conditions of Insurance Policy
