turtle causing injury to respondent No. 1, who was sitting on the
mudguard of the tractor and suffered an injury in his spine which
rendered ... tractor...."
Therefore, the risk of passenger travelling on the mudguard,
which is not a place for sitting on tractor is not covered
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
front of lorry, due to this the left side
rear wheel mudguard dented, she denied it. She denies that
the rider contributed maximum negligence towards ... negligent manner and caused accident
dashing to the left rear wheel mudguard, he denied it. He
denied that the accident has taken place
claimants was that
the deceased was sitting on the mudguard of the tractor with a friend by
his side. The tractor was driven by respondent ... appellant was that since the
victim was sitting on the mudguard of the tractor and the vehicle was
carrying gratuitous passengers, therefore, the insurance company
road with men on board when
Jitender (deceased) sitting on the mudguard fell to be crushed by the tyre of
the trolley. Unfortunately, he died ... contended by the Insurance Company that Jitender
(deceased) was sitting on the mudguard of tractor and, therefore, he was an
unauthorized passenger
been attached to
the tractor and the petitioner was traveling on the
mudguard of the tractor. But no person is permitted to
travel ... mudguard of the tractor. In support of the
contention, learned counsel for the appellant has placed
reliance of the judgment in the case of Sanjeev
case of the claimants is that the deceased was sitting on
the mudguard of the tractor when he was thrown off, fell on the road ... party but there is no insurance cover for person sitting on
the mudguard. Therefore, the Tribunal could not have awarded the
compensation.
2. When this
motorcycle by the claimant, the motorcycle dashed
against the right side mudguard of the autorickshaw, as
a result, he fell down and sustained injuries ... basis of
the IMV report, held that since the rear right mudguard
of the autorickshaw has been damaged and a scratch
mark was found
tractor bearing registration No.KA-35/T-
2209 sitting on its mudguard. It is stated that the
said tractor was attached with a trailer bearing ... into
trial. Accident is established. The presence of
deceased Mallappa on the mudguard of the tractor
is also established. The record would also indicate
that
completely damaged, both
windscreen glasses broken into pieces, driver door damaged,
front mudguard damaged, both head light assembly damaged
and glasses broken, front bumper damaged ... front right side
mudguard damaged, steering column bent, left side cabin door
damaged, left side front mudguard damaged.
33. It is important to note that
