cross- examination of
Narasimhappa shows that he was sitting on the mudguard
of the tractor and also the evidence clearly establish that
they were ... liability of the persons who
suffers injuries by traveling on the mudguard or any other
attachment fixed to the tractor. Therefore, he contends
that
offending vehicle
Ex. PW4/F Seizure memo of the mudguard of the
offending vehicle
Ex. PX2 Mechanical Inspection report of the
vehicle ... with
the seal of "OM". He also seized the front mudguard of the
scooty bearing no. DL9SAR7294 and put the mudguard into
that RW.2, who was
travelling on the Tractor Engine (Mudguard) at the time of the
accident clearly stated that the deceased, another two persons ... himself sat on the Tractor Engine (Mudguard) at the time
of the accident and the Insurance Company has not received
the premium on the persons
paddy and after the
work was completed, he sat on the mudguard of the tractor to go to
another paddy field to crush the paddy ... accident. It is stated that the deceased was travelling on the mudguard
of the tractor, which is in violation of the policy conditions
insurance cover for a person sitting by
the side of driver or mudguard. Inspite of
explaining, the Tribunal ignored them, under wrong
impression that ... crushing
machine attached to the tractor and who is
traveling on the mudguard of the tractor is
not required to be covered by the statutory
about 6.30 p.m., he was traveling
on mudguard of the tractor and trailer bearing registration
No.KA-14/T-2426 and 2428 near Masaralli ... disputing the liability asserting that the deceased was
traveling on the mudguard and he being a gratuitous
passenger and not a coolie is not entitled
being
conducted by the Insurance Company that he was sat on the mudguard. It is worth
to mention here that there is distinguishable between mudguard ... bonnet. The
mudguard is the part of the tractor which cover the tyre while bonnet is the part of
tractor which cover engine. The bonnet
respect of the
same. As per the report, the right side front mudguard was dented
and scratched and right side front bumper was scratched ... side and front bumper was damaged. He
further deposed that the front mudguard was moved towards
outer side and the right side focus light
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
this Court held that when a person who is travelling on
a mudguard of the tractor, the Insurance Company has no
liability ... judgment laid down that a person travelling
on the mudguard of the tractor is not required to be
covered by the statutory insurance as contemplated
