appeal contending
that the deceased was a person travelling on the mudguard of the
tractor and the Insurance Company is, therefore, not liable. The
Tribunal ... must be taken to be available for a person
travelling on the mudguard also. The defence was that the driver did
not have a valid
been
asserted that the deceased was sitting on the mudguard of the offending
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Neutral ... been
nowhere stated that the deceased was sitting on the m
mudguard of the
tractor. On the contrary, he has stated in the FIR that
sitting on the left mudguard of the tractor whereas Sultan Singh was sitting on
the right side of the mudguard. As a result of this ... Company liable to pay
compensation, as the claimant was sitting on the mudguard of the tractor at the
time of the incident. He contends that
ground that the person that died was seated on the mudguard of
the tractor and he was run over at the time of alighting from ... tractor. The contention was that a person, who was seated on a
mudguard of the tractor, which was not designed to carry
passengers, there
liability, as petition is not maintainable. The deceased was travelling on the
mudguard of the tractor and, therefore, he was doing ... come in evidence that the deceased was
travelling on the mudguard of the tractor. He definitely did so at his own peril
because
admitted case of the parties
that deceased was travelling on the mudguard of the tractor. It is
contended that according to Motor Vehicles ... Rules of the Regulations prohibits the carrying of any passenger on the
mudguard of the tractor. So, there is clear violation of the said Rules
company would urge that as the deceased was
travelling on mudguard of offending vehicle, he was a gratuitous
passenger, therefore, the insurance company cannot ... argued that Gada
Ram son of Ram Chander another traveller on the mudguard of the tractor
tendered into evidence his affidavit by way of examination
Nirmal Singh appellant and Darshan Singh appellant was sitting on its mudguard holding an iron box on his legs. The said tractor was signalled ... steering of the tractor and Darshan Singh appellant was sitting on mudguard of the tractor and that it has also come in the statement
claimants were
representatives of the deceased who had seated himself on the mudguard of
the tractor and came under the wheels when he got tossed ... that he was not aware of the
deceased sitting on the mudguard, but he must have climbed behind without
his knowledge and fallen down
control of the
respondent -Surinder. Bansi Lal was sitting on the right mudguard of
the tractor along with Vinod Kumar. Due to sudden jerk, Bansi ... fell down from the mudguard and was run over by the tyre of tractor
trolley and died at the spot. The statement of applicant
