only policy" and therefore, the pillion rider, who
was gratuitous passenger on the two wheeler ... subject is clear,
a third-party policy does not cover liability to
gratuitous passengers who are not carried for hire
or reward. The 8th respondent
only policy" and therefore, the pillion rider, who
was gratuitous passenger on the two wheeler ... subject is clear,
a third-party policy does not cover liability to
gratuitous passengers who are not carried for hire
or reward. The 8th respondent
authorised passenger on
the said vehicle. It is contended that a gratuitous passenger
in a goods vehicle is not covered under the policy under
Section ... that the Tribunal has
failed to appreciate that the deceased was a gratuitous
passengers on the goods vehicle and the documents
produced by the petitioners
authorised passenger on
the said vehicle. It is contended that a gratuitous passenger
in a goods vehicle is not covered under the policy under
Section ... that the Tribunal has
failed to appreciate that the deceased was a gratuitous
passengers on the goods vehicle and the documents
produced by the petitioners
licence and that the petitioner was traveling in the said
vehicle as gratuitous passenger and thereby it is clear
violation of the terms and conditions ... Tribunal committed
an error in holding that the petitioner was a gratuitous
passenger and fastening the liability on the respondent
No. 1.
7. On issuance
tribunal grossly erred in holding that the
deceased was traveling as a gratuitous passenger and
thereby erred in absolving respondent No.2-Insurance
company ... compensation on the premise
of its finding that the deceased was a
gratuitous passenger and, as such, not
covered under the terms of the policy
tribunal grossly erred in holding that the
deceased was traveling as a gratuitous passenger and
thereby erred in absolving respondent No.2-Insurance
company ... compensation on the premise
of its finding that the deceased was a
gratuitous passenger and, as such, not
covered under the terms of the policy
cover the risk of death or injury to gratuitous passenger
carried in a private vehicle, held that, an Insurance Policy ... goods vehicle, the same would apply with equal force to
gratuitous passengers in any other vehicle also. Thus, we
must uphold the contention
cover the risk of death or injury to gratuitous passenger
carried in a private vehicle, held that, an Insurance Policy ... goods vehicle, the same would apply with equal force to
gratuitous passengers in any other vehicle also. Thus, we
must uphold the contention
goods vehicle, and the deceased was traveling in the same as
a gratuitous passenger. In the case of goods vehicles, neither
statutory nor contractual coverage ... exists for the risk of
gratuitous passengers. Nonetheless, the Tribunal has imposed
liability on the Insurance Company.
13. Learned counsel further asserts that the complaint
