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
Insurance Company v. Dundamma dealing with liability of a fare paying passenger, gratuitous passenger and a passenger who is the owner of the goods held ... under Rule 161 of the Karnataka Motor Vehicles Rules, 1963. Thus, the gratuitous passengers and fare paying passengers were held to be not covered under
stated under:
On 7-10-1992, the deceased was travelling as a gratuitous passenger in the said jeep vehicle from Udupi to Kundapura ... jeep owner, the risk to a passenger, muchless a gratuitous passenger, travelling in the jeep was not covered and, therefore, it cannot be held liable
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
damages in respect of death or bodily injury suffered by a gratuitous passenger travelling in a private vehicle.
6. The entire thrust of the argument ... Shetty vehemently contends that it means 'every person' including a gratuitous passenger travelling in a private vehicle. This very expression 'any person
result of the accident an injury has occurred to a gratuitous passenger carried in a goods vehicle. The Tribunal has proceeded on the footing that ... insurer does not cover the risk, of the gratuitous passenger carried in a goods vehicle and has proceeded to fasten the entire liability
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
