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Vehicle as gratuitous passenger and secondly in alternative, in absence of any proof of his income on record, the daily wage as .

per the Government notification, issued by the Labour Department during the relevant period was liable to be considered.

2. Brief facts necessary for adjudication of appeal are that on 13.3.2010 at about 7.00 PM, vehicle (Bolero Pickup) No. HP-08A-0462 met with an accident. Respondent No.6 herein was the driver of the said vehicle. The vehicle was owned by respondent No.5 herein. Two persons namely Roshan Lal and Liak Ram were occupants in the vehicle besides the driver. Sh.

Roshan Lal was claimed as occupant of the vehicle in the capacity of owner of goods. It was averred that deceased was carrying sand in the vehicle.

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4. The owner and driver of the vehicle filed their reply to the claim petition. It was submitted by them that deceased was sitting in the vehicle as owner of goods. The insurer separately contested the petition on various grounds including breach of terms and conditions of policy, deceased being gratuitous passenger in the vehicle etc.

iv) Whether the driver was not having valid driving licence at the time of accident? OPR-3.

v) Whether the vehicle in question was driving in breach of terms and conditions of insurance policy? OPR-3.

vi) Whether deceased was travelling as a gratuitous passenger in the vehicle at the time of accident? OPR-3.

Both these judgments by three judges benches expounded the law with respect to liability of insurer to indemnify the insured in respect of claims arising out of death or bodily injury to a .

gratuitous passenger in a Goods carriage Vehicle and held in favour of insurer. The judgments cited by learned counsel for claimants do not lay down law with regard to principle of "pay and recover' in so far as liability arises in respect of gratuitous passenger in a Goods Carriage Vehicle as the question as such was not before the Hon'ble Supreme Court for consideration.