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
wider than the
minimum requirement of the statute, whereby the
risk to gratuitous passengers could also be
covered. A third party policy does not cover ... liability to gratuitous passengers who are not
carried for hire or reward. If a liability other than
the limited liability provided for under
Limited v. Sudhakaran K.V. and others ,
laid down the law regarding gratuitous passenger and
third party.
20. On perusal of this Judgment, the Apex ... Court also discussed with regard
to the pillion rider will become a gratuitous passenger
and he cannot be third party. The Insurance policy
liable to
pay compensation in case of injury or death of gratuitous
passenger.
(ii) in the case of National Insurance Co. Ltd. v. Cholleti
Bharatamma ... held that, passengers
travelling in goods carriage whether gratuitous or
otherwise, reiterated, are not covered. Further it is held
that the Act does not contemplate
Tribunal has committed an error in holding
that the petitioner is a gratuitous passenger even though it
is not the case of either ... Apex Court, it is
clear that the petitioner was traveling as a gratuitous
passenger in the goods vehicle and therefore, the liability
or the risk
alleged by them. It
is further contended that the appellants/claimants are
gratuitous passengers and therefore, the respondent-
Insurance Company is not liable ... vehicle bearing Regn. No.KA-01/D-710, liable gratuitous
passengers are not allowed.
15. It is further contended that the seating capacity
proceeding as a coolie. It was
contended that he was gratuitous passenger traveling in the
rear of the lorry and when the lorry took ... accident. The Tribunal also recorded
a finding that deceased was a gratuitous passenger and the
Insurance Company was, therefore, not liable to saddle with
compensation
insurance policy in respect of goods vehicle is
required to cover the gratuitous passenger in view of
the amendment to Section ... liable as the risk of unauthorized passenger
in a goods vehicle or gratuitous passengers are not
covered under the policy and there is a breach
accident was a goods vehicle in which the
claimant was a gratuitous passenger and the driver did not
have a valid and effective driving licence ... goods vehicle and the fact that the appellant was a
gratuitous passenger travelling in the said vehicle, the
insurance company is not liable
other hand, the tribunal
proceeded to hold that the deceased was a
gratuitous passenger in the lorry. Therefore the
insurer is not liable to indemnify ... lorry as unauthorized passenger
or a non fare paid passenger or a gratuitous
passenger. The finding in this regard would decide
the liability
