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Showing contexts for: gratuitous driver in United India Insurance Co. Ltd. vs Smt. Chandra Kali And Anr. on 19 August, 2002Matching Fragments
13. It has also been urged that there was a breach of the terms and conditions of the insurance policy as from the evidence of the claimant's witnesses, it had come to light that the driver had allowed three gratuitous passengers to travel in the truck.
14. The claimants had not come up with any such case in the pleadings indicating that the driver had taken on board three gratuitous passengers. In the written statement, however, the insurer had taken the stand that the driver of the motor vehicle was using the offending motor vehicle for carrying passengers on payment of fare. However, no evidence worth the name was led in support of such a plea. The plea in regard to breach of the terms of the policy as taken in the written statement could not be established by any evidence.