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Patna High Court MA No.453 of 2012

22. The issue of liability to pay compensation by the Insurance Company with regard to the gratuitous passenger traveling in a truck was subject matter for consideration in the case of National Insurance Company Limited V. Rattani and others, reported in (2009)2 SCC 75. The fact of the case is that the victim was traveling in Tata 407 whichwas goods vehicle was being driven rashly and negligently at a very high speed in spite of the warning, the vehicle turned turtle, several persons suffered grievous injuries including death of one Sunil and one Hazari. The Court has held that the claimant was traveling in goods vehicle as gratuitous passenger and Insurance Company was not liable to indemnify the owner to pay compensation amount to the claimant. It will be relevant to quote paragraph nos. 14 to 19 of the aforesaid judgment:

11. Similar view has been reiterated in National Insurance Co. Ltd. V. Rattani, paras 14 and 15 of which are reproduced hereunder:

(SCCp.79) "14. The question as to whether burden of proof has been discharged by a party to the lis or not would depend upon the facts and circumstances of the case. If the facts are admitted or, if otherwise, sufficient materials have been brought on record so as to enable a court to arrive at a definite conclusion, it is idle to contend that the party on whom the burden of proof lay would still be liable to produce direct evidence to establish that the deceased and the injured passengers were gratuitous passengers.