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
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
spot. Further he has denied that the
deceased was sitting on the mudguard of the tractor and
after his fall the wheel of the tractor ... said deceased was proceeding in the offending
vehicle on sitting on the mudguard of the offending
Tractor and due to his negligent driving he fall
various parts mentioned
in the LOI. The plaintiff shared the drawings for Mudguard Mill
Quotation & Feasibility in October, 2017 with the defendant and
accordingly ... after successfull
commissioning. The date of providing the first sample of the
Mudguard was 30.03.2018 - 200 samples each; the date of
providing tooled-up samples
various parts mentioned
in the LOI. The plaintiff shared the drawings for Mudguard Mill
Quotation & Feasibility in October, 2017 with the defendant and
accordingly ... after successfull
commissioning. The date of providing the first sample of the
Mudguard was 30.03.2018 - 200 samples each; the date of
providing tooled-up samples
Court comes to the conclusion that the deceased was
sitting on the mudguard of the tractor, in that condition, even the insurance
company is liable ... contravention of the policy
condition. The Court has held that the mudguard of the tractor is not meant
for carrying passengers and thus, there
Court comes to the conclusion that the deceased was
sitting on the mudguard of the tractor, in that condition, even the insurance
company is liable ... contravention of the policy
condition. The Court has held that the mudguard of the tractor is not meant
for carrying passengers and thus, there
tractor and trailer as a gratuitous passenger by sitting on
the mudguard of the tractor engine. Therefore, in view of the
full bench decision ... years old was travelling
on the tractor engine by sitting on the mudguard. It is the
complaint given at earliest point of time that
Sevyanaik
for bringing fertilizers from Davangere. Bhimanaik was
sitting on the engine mudguard. The accused drove the
said Tractor and Trailer in a rash ... Puja Halappa
of Doddaghatta Village, the Bhimanaik fell down from the
mudguard, while the rear wheel of the tractor rammed on
the body of Bhimanaik
further submitted that the
deceased Ravindra Singh was travelling by sitting on mudguard in the said tractor
as passenger with other persons and the said ... which it was held that a person who
was travelling on the mudguard, is not liable to get any compensation from
Insurance Company