accident, the petitioner was travelling in the goods auto
as a gratuitous passenger and seating capacity of the
alleged vehicle ... with
the driver, three persons were travelled in the said
vehicle as gratuitous passengers. Hence, the Insurance
Company is not liable to pay the compensation
evidence of R.W.1 who has stated that he
was a gratuitous passenger and in the absence of any
7
other evidence available ... nothing is available on
record to show that the claimant was a gratuitous
passenger. When such being the case, the learned
Presiding Officer ought
filed by the Insurance Company,
contending that deceased T.Narayanaswamy was a gratuitous
passenger and the Tribunal has committed an error in
fastening the liability ... liability on the Insurance
Company even though the deceased was a gratuitous
passenger and the Tribunal ought not to have fastened the
liability
case of the plaintiff that the
supply of those articles was a gratuitous act on his part.
He raising the Invoice and demanding the payment ... defendant, itself go
to show that it was a non-gratuitous act. In such a
case, merely because there was no express contract
person'
found in the policy would include an occupant
travelling gratuitously in the insured's care and
therefore the risk of such ... pillio n rider in the case of a two wheeler.
Gratuitous passengers who are not carried for
hire or reward in a ve hicle other
person' found in
the policy would include an occupant travelling
gratuitously in the insured's care and therefore the
risk of such ... vehicle or a pillion
rider in the case of a two wheeler. Gratuitous
passengers who are not carried for hire or
reward in a vehicle
which
the claimant was traveling as a gratuitous passenger met
with an accident resulting into grievous injuries to the
4
claimant. In his claim petition ... rejected.
7
7. The contention that the claimant was a non-
gratuitous passenger and therefore going by the terms and
conditions of the Insurance Policy
driver and cleaner for taking any passenger either for
reward, hire or gratuitous. The Act of the driver would
make him liable only ... lorry. On the contrary, he took
a contention that the deceased were gratuitous
passengers and that it was the driver of the offending
vehicle
Company. The liability
in respect of bodily injury to and death of gratuitous
passenger is concerned, insurance policy which is
required to cover third party ... risks has to cover such
risks relating to gratuitous passenger also, as
gratuitous passenger cannot be excluded from category
of third parties.
8. The learned
that it was not liable to indemnify the risk
6
of either gratuitous passengers or the fare paying
passengers being carried in a goods carriage ... goods vehicle was not permitted to carry passengers
either paid or gratuitous and in such cases, the owner
of the vehicle would be liable
