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
claim petition and stated that the deceased Parthiban was sitting
on the mudguard of the tractor at the time of accident. There is no provision ... deceased alone had taken risk on his own by sitting on the mudguard of the
tractor. There is no negligence on the part
insurers that the deceased would have sat and travelled on the mudguard of the tractor only with the knowledge of its driver and the owner ... tractor driver in allowing the deceased to travel on the mudguard and as such, the finding of the Tribunal in holding that the owner
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
Registration No.TN-29-X-7806, by sitting on the left side mudguard, along with one Ambedhkar and Annamalai who were sitting on the right ... side mudguard, the said Tractor met with an accident due to rash and negligent driving by its driver, as a result of which, the said
insured with
the appellant Insurance Company. The first respondent travelled on the mudguard
of the tractor on 24.11.2002. According to the first respondent, the driver ... learned Counsel submits that
since the first respondent sat on the mudguard of the tractor, the appellant is
not liable to pay any compensation
children of the deceased
Kanagaraj. The deceased Kanagaraj was travelling in the Mudguard of a
Tractor on 08.02.2015 which was driven by the 4th respondent ... been categorically stated that the deceased
was seated on the mudguard of the tractor attached to the
trailer loaded with maize straw. Unfortunately, the driver
Somasundaar would
strenuously argue that the deceased Paramasivam travelled on the
mudguard of Tractor at the time of accident. The seating capacity ... judis
C.M.A.No.3485 of 2021
travelled sitting on the mudguard of Tractor as coolie for the purpose of
loading/unloading the agricultural
tractor & trailer, they are not supposed to sit on the mudguard of the tractor. Hence, the Insurance Company is not liable ... allowing the claimant to travel in the tractor by sitting on the mudguard of the vehicle, the Insurance Company could be directed
appellant/2nd respondent submitted that
the deceased travelled in the mudguard of the tractor and the
policy for the tractor is act one policy ... violation of policy condition and if an employee sat on
the mudguard of a tractor is not covered under the policy and in
this case
