bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising
Indian Contract Act, 1872
70. Obligation of person enjoying benefit of non-gratuitous act.—
Where a person lawfully does anything for another person, or delivers ... anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation
transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right
obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee
Appellant is that the
Tribunal arbitrarily took the value of the gratuitous services
rendered by the deceased as `6,000/- per month which is against ... bound to exclude the
monetary loss incurred by replacing
services rendered gratuitously by a
relative, if there was a reasonable
prospect of their being rendered
contention of the Insurance
Company was they were gratuitous passengers
carried in the goods vehicle and therefore it has
no liability. The learned Member ... owner of the vehicle to avoid
larger coverage including the risk of gratuitous
passengers. In such circumstances, the liability
has to be decided treating
SC1330 (8)
ACT:
State Government-Enjoying benefit of non-
gratuitous work-If bound to pay compensation-
Absence of valid contract, if exonerates
liability- Indian Contract ... another person, or
delivers anything to him, not intending to do so
gratuitously; and such other person enjoys the
benefit thereof, the latter is bound
been disposed of, subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making
transferee, if he has notice thereof or if the transfer is gratuitous; but not against a transferee for consideration and without notice of the right
compensation on account of the death or bodily injury of
the gratuitous passengers including owner or his
representative of the goods, travelling in a goods ... bodily injuries of either the owners
or his representative or the gratuitous passengers. In all these cases claimant
claimed compensation under Section