party which, upon a consideration of the aforesaid cases excludes the gratuitous driver, a gratuitous passenger, the employee of the owner or a pillion rider ... liable to indemnify the owner for the death of the gratuitous driver of the insured motor cycle (since he was not otherwise covered under
appellant. At best, the deceased can be said to be a gratuitous driver of the
registered owner. Since the deceased was evidently neither a registered ... rider or any gratuitous rider of
the vehicle. Since the policy was an act policy and deceased was a gratuitous
driver and not a third
company is not liable to indemnify the owner for death of
gratuitous driver of the insured vehicle while placing reliance
upon M/s HDFC Chubb ... liable to
indemnify the owner in the death of gratuitous driver of the
insured vehicle as a victim in cases where the victim
award under Section 163-A for the
death of a gratuitous driver of an insured motor cycle, the learned
single Judge in HDFC Chubb said ... party which,
upon a consideration of the aforesaid cases excludes the
gratuitous driver, a gratuitous passenger, the employee of
the owner or a pillion rider
covered the
ownerÂdriver, pillion rider and mandatory third
party risk but not 'other named person' or paid
driver - A tort feasor ... company is liable to indemnity the
owner for the death of gratuitous driver of
insured motorcycle as a victimÂHeld: No."
18 Per contra
does not cover the case of a pillion rider carried gratuitously, that the driver of the scooter is not a necessary party to the claim ... claimant was only a licensee as he was carried gratuitously by the driver of the scooter and that the duty of the owner
does not cover the case of a pillion rider carried gratuitously, that the driver of the scooter is not a necessary party to the claim ... claimant was only a licensee as he was carried gratuitously by the driver of the scooter and that the duty of the owner
contended that the vehicle was being driven by an unlicensed driver carrying the passengers gratuitously and, therefore, it was not liable to pay any compensation ... prove satisfactorily that these persons were purely gratuitous passengers and the driver had the permission from the owner to take them. The contention
Insurance Company was liable to pay compensation for gratuitous
passengers taken by the respondent No.1-driver in claim petition (herein
referred ... than the agricultural purpose
and the persons carried by the driver were the gratuitous passengers.
As regards the quantum of compensation, the respondents
being
witnesses, it had come to light that the driver had allowed three gratuitous passengers to travel in the truck.
14. The claimants had not come ... such case in the pleadings indicating that the driver had taken on board three gratuitous passengers. In the written statement, however, the insurer had taken
