para 12 they had taken a plea
that the deceased was a gratuitous passenger, thus, the Insurance Company is
-2-
not liable to indemnify ... Ruplal Mahto was a Khalasi of the
vehicle or he was a gratuitous passenger?
(ii) Whether the owner of the Truck bearing Registration
should be given right to recovery as the deceased was
-2-
the gratuitous passenger.
6. It is the case of the Insurance Company that from ... addressed in this appeal is as to whether the deceased
was a gratuitous passenger or he was travelling in the said 407 Truck
violation of condition of the
policy and the claimant was a gratuitous passenger in a goods carrying vehicle,
the primary duty is upon the Insurance ... offending vehicle being a goods carrying vehicle and the injured was a gratuitous
passenger, the "right to recover" should have been granted
written statement and
their main plea is that the deceased was a gratuitous passenger in a commercial
vehicle, thus the owner is liable ... travelling in the said truck at
the time of accident as gratuitous passenger or as the owner
of goods?
vi) Whether the accident was caused
appearing for the Insurance Company submits that
admittedly, the deceased was a gratuitous passenger, therefore, the Insurance
Company is not liable to pay any compensation ... properly adjudicated by the
Tribunal?
(II) Whether the deceased was a gratuitous
passenger in the Vehicle?
14. To decide the first issue regarding valid, effective
tractor which
is a goods carrying vehicle. Thus, the deceased was a gratuitous passenger.
This finding has not been challenged either by the owner ... Others reported in (2017) 4 SCC 796, which
was dealing with the gratuitous passengers, the Hon'ble Supreme Court has
4
considered several earlier
deceased was
travelling on a Tractor thus, should have been treated as gratuitous
passenger. A Tractor is not a passenger carrying vehicle, thus being ... gratuitous passenger the principle of "pay and recover" should have been
applied in the instant case and right to recovery should have been
liability to
pay compensation, considering the fact that the deceased was gratuitous
passenger in a goods carrying vehicle and the road permit for the said ... appellants submits that the
Tribunal has also concluded that the deceased was gratuitous passenger and
they were not covered under the policy. He submits that
entire amount of compensation, after holding that the deceased
was a gratuitous passenger in a goods carrying vehicle.
It is admitted fact that the deceased ... gratuitous passenger in a
goods carrying vehicle. The Tribunal after assessing the compensation directed that
the owner of the vehicle has to pay the entire
taken a plea that the deceased was travelling as a rooftop gratuitous
passenger whereas the owner has to prove that there was no violation
