there is breach of policy
conditions as the deceased was an unauthorized
gratuitous passenger in the goods vehicle and as such
question of respondent ... there is clear breach of policy conditions and deceased
being a gratuitous passenger is not covered under the
risk under Section
conditions of
the policy and contended that the deceased were traveling as
gratuitous passenger in the insured lorry and the said vehicle
was used ... principle of pay and recover in a case of the claimants,
gratuitous passenger in goods vehicle and insurance of the
vehicle, though as a goods
accident was traveling in the auto-rickshaw as a gratuitous
passenger. Therefore, the insurance company is not liable
to pay the compensation. Further submitted that ... driver. Therefore, the deceased who was driving the auto-
rickshaw is a gratuitous passenger. Therefore, the
insurance company is not liable to pay the compensation
claimed by the owner which would
clearly establish that the claimants were gratuitous
passengers and they were not employees of respondent
No.1.
10. Interestingly ... wherein Section 147 was dealt with
respect to gratuitous passengers. It is observed as
under:
A. Motor Vehicles Act, 1988 - S.147
(after its amendment
traveling along with the
goods which is permissible. Hence, he is not gratuitous
passenger. Therefore, the risk of the coolie traveling along
with the goods ... contentions raised by the
insurance company that the claimant was traveling as
gratuitous passenger. Hence, the claimant is not entitled
for compensation is concerned
assertions made there under. It is contended
that the deceased was a gratuitous passenger and was
standing towards the edge of the tempo which ... appellant-insurer would
contend that the records disclose that deceased was a
gratuitous passenger travelling in the tempo. He further
contended that
deceased was unauthorized passenger
travelling in a goods vehicle and she being gratuitous
passenger is not covered under the policy. Hence, they
prayed for dismissal ... award
passed by the Tribunal and contended that the deceased being
a gratuitous passenger is not covered under the policy and
sought for dismissal
allegation was made that the deceased was
travelling as a gratuitous passenger and was not an employee
of the truck and as a consequence ... drivers or
cleaners.
17. In order to entertain a plea of a gratuitous
passenger, the attendant circumstances will also have to be
taken into consideration
ground of no liability against the insurer as
deceased was a gratuitous passenger.
3. Parties to the appeals shall be referred to as
per their ... bags. It is further pleaded that
the deceased was traveling as a gratuitous passenger
and not with goods as alleged in the complaint
permitted. Further, it is contended that the
goods tempo was carrying gratuitous passengers, in other
words, unauthorized occupants of the vehicle travelling in the
body ... 9153/2010. The Insurance Company
urged the same ground that they were gratuitous passengers
and no permit and liability if it is only under
