back side. If it would have been a dash from the back side to the tempo, then deceased would have fell inside the tempo and not outside. Further, a cursory statement appears to be on record, that deceased was travelling by sitting on the rare plank of the body of the tempo. No evidence has been led in the form of eye witness by both sides. Therefore, it is required to be seen, only on the basis of the police papers, as to whether deceased was travelling by sitting on the rare plank of the tempo. As aforesaid, the position of fall would have been different if he would have been travelling in that manner. Another fact to be noted is, that from where the suggestion for extracting the dash from the back side is taken, is absolutely not revealed. There was no hurdle for the insurance company to examine the driver of its vehicle. It appears that the insurance company relied on the same document i.e. police papers, on which, claimants are also relying, therefore, the harmonious consideration of entire contents would show, that the truck had come from the opposite direction before dash was given and after that, he fell down from the tempo on the back side, resulting in multiple injuries and succumbing to death.
