Applicant that
the deceased Mohanbhai was traveling by siting on the
mudguard of the Tractor as an unauthorized passenger. It
is further submitted that ... deceased was traveling in the Tractor by siting on the
mudguard of the tractor is clearly established however,
the Tribunal has materially erred in allowing
being a labourer on the
said tractor, was sitting on the mudguard of the
tractor. The accident occurred as the tractor, owing
to it being ... turned turtle and resultantly, the deceased ended
up being crushed under the mudguard of the tractor
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Uploaded by RIYA VISHWAKARMA(HC02365
deceased was traveling as
gratuitous passenger and was sitting on the
mudguard as stated in the FIR and Panchnama
and also denied the fact that ... deceased was not
standing on the road, but was traveling on the
mudguard as gratuitous passenger. Dr. Mehta
contended that the Tribunal has not considered
investigation reveals that the deceased and
her father were sitting on the mudguard of the tractor and had
fallen down when the tractor took ... claimants. According to
the learned counsel, the deceased was travelling on the
mudguard with her father and had fallen down and sustained
injuries and that
from the backside, the
side portion is of red colour and the mudguard is
not of red colour, but on the backside, mudguard ... attempt is made by IO to cover up that
the back mudguard is of silver colour, but the
same in our view would not frustrate
separate seat as such for the cleaner who travelled on the mudguard.
That being the case, it is clear that the deceased was sitting ... mudguard only with the knowledge of the driver and for the mistake of
allowing the cleaner to travel on the mudguard, the driver
NEUTRAL CITATION
C/FA/3653/2018 ORDER DATED: 12/02/2025
undefined
mudguard of the tractor as passenger. He would further submit
that ... further submitted
that the deceased was traveling by sitting on mudguard of the
tractor and hence, his risk was not covered in the policy
which the original claimant who was
sitting beside the driver on mudguard, due to bad surface of the
road, fell down from the tractor ... travelling undisputedly in goods vehicle and
sitting beside the driver on mudguard of the tractor which is
impermissible. It is further contended that the registration
company for
payment of compensation as admittedly, the claimant was sitting
on mudguard of the tractor as per oral evidence of the claimant,
which ... company at the
best, the person, who is already sitting on the mudguard, is
claimant and as per the case of the insurance company
written statement that because
deceased was sitting on the tractor on mudguard, insurance company
was not liable to pay compensation to the respondent claimant.
However ... before the
Tribunal that because deceased was travelling in tractor sitting at
mudguard, company is not liable to pay any compensation to the
respondent claimant
