accident, the deceased- Zakir Hussain was
travelling in a truck as a gratuitous passenger. As the said truck being
rashly and negligently driven, met with ... written
statement in paragraph-10 (last sentence) that the deceased was a
gratuitous passenger in the truck concerned but no specific issue, as to
whether
motor vehicle accident
involving a tractor trolley admittedly as a gratuitous passenger. The
learned tribunal inter alia framed seven issues out of which issue ... under:-
(6) Whether the deceased was travelling in tractor-trolley as a
gratuitous passenger?
(7) Whether the owner of the tractor
deceased
was travelling in the said car as a gratuitous passenger and as such, the policy
condition, is insurance company did not cover the risk ... owner of the aforesaid car on
which the deceased was travelling as gratuitous passenger. The policy of
insurance was "private car liability only Policy
ground that
since the deceased was travelling in the truck as a gratuitous
passenger, the appellant-insurance company shall not be held
liable ... matter of
law, the claimant did not cease to be a gratuitous passenger though he
claimed that he was a spare driver. The insured
namely Jainyal Haque and Gopi Kumhar
were travelling in the truck as gratuitous passenger or they were
labour and Khalasi of the truck bearing ... truck in capacity of
labour and Khalasi respectively and they were not gratuitous passengers.
The learned tribunal next took up issue
grounds and inter alia contended that the deceased was
travelling as a gratuitous passenger in the truck and as the offending truck
is a goods ... compensation as the policy
does not cover carrying of gratuitous passenger in goods vehicle.
5. The owner and driver of the offending truck being
para 12 they had taken a plea
that the deceased was a gratuitous passenger, thus, the Insurance Company is
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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
Learned
counsel further argues that the status of the deceased is of gratuitous
passenger, for which protection under Section ... single
capacity vehicle and the other occupants on it are "Gratuitous
Passengers", who do not come under the purview of insurance policy.
Learned
appellant-
Insurance Company submits that since the deceased was travelling as a
gratuitous passenger, hence, the Insurance Company is not liable to pay
the amount ... goods carriage; (2) the deceased was
travelling in the vehicle as a gratuitous passenger; (3) the insurance policy
did not cover liability for the death
should be given right to recovery as the deceased was
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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
