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
were other
workmen who had travelled along with the driver on
the mudguard of the Tractor, it was held that the
Insurance policy ... similas set of facts, in that the deceased was
travelling on the mudguard of the Tractor engine.
Therefore, it is contended that the Insurance
Company
wheeler sustained damages to;
a) headlight mask,
b) front wheel mudguard,
c) front shape,
d) both side body,
e) right side rear view mirror ... rear wheel mudguard,
g) brake light and
h) rear indicators
and the front bumper of the lorry was damaged.
39. So, there are slight difference
vehicle mahazar, the front mudguard of
the motorcycle was dented on either side. As per Ext.B2 vehicle
mahazar, the front body ... only
damage caused to that vehicle is on its front mudguard.
11. In the impugned award, the Tribunal held that the
damage caused to both
alone are liable to pay compensation, since the
deceased was carried in mudguard without any seating facility as per
registration certificate. It is also submitted ... Sections 146 , 147 and
149 of the Motor Vehicles Act, mudguard traveller shall not be covered either
by statutory provision or even contractually and hence
insurer submits that
the claimants who were sitting on the mudguard of the
tractor sustained accidental injuries due to rash and
negligent driving ... stating that the
accident occurred when the claimant was sitting on the
mudguard of the tractor. However, in his further
statement, he has stated that
insurer submits that
the claimants who were sitting on the mudguard of the
tractor sustained accidental injuries due to rash and
negligent driving ... stating that the
accident occurred when the claimant was sitting on the
mudguard of the tractor. However, in his further
statement, he has stated that
accident. He further submits that the claimant
was sitting on the mudguard of the tractor in
violation of Regulation 28 of the Road Regulation
Rules ... date of the accident, the claimant was sitting on
the mudguard of the tractor during the course of
employment. Regulation 28 of the Rules clearly
deposition of Ramesh Bhuria
(PW-1) who had stated that front mudguard of his
motorcycle had been damaged and rear mudguard of
appellants motorcycle ... accident and the complainant's
motorcycle collided against the rear mudguard of
appellant's vehicle. There are no criminal antecedents
against the appellants
accident, deceased Sarala along with four others were travelling
in the mudguard of the tractor. The deceased is an unauthorised passenger ... mudguard of the tractor, which is prohibited and contrary to the policy
condition as well as permit condition.
7. On perusal of the Insurance Policy
