submitted
that since the deceased was traveling as a gratuitous
passenger and since the driver of the offending vehicle
was not holding valid and effective ... compensation on the ground that the deceased was a
gratuitous passenger and that the driver of the
- 18 -
offending vehicle was not holding valid
further
pleaded that since deceased was a gratuitous passenger
and the driver of the offending vehicle was not holding a
valid driving license, respondent ... time of
accident, deceased was traveling as gratuitous passenger
and since the driver of the offending vehicle was not
holding a valid driving license, respondent
further
pleaded that since deceased was a gratuitous passenger
and the driver of the offending vehicle was not holding a
valid driving license, respondent ... time of
accident, deceased was traveling as gratuitous passenger
and since the driver of the offending vehicle was not
holding a valid driving license, respondent
conditions of the policy. Secondly, he contended that the
5
driver was carrying gratuitous passengers and as such there
is breach of conditions ... contention taken up by the appellant
is that the deceased-driver was carrying gratuitous
passenger at the time of the accident and as such there
taking any passenger either for
reward, hire or gratuitous. The Act of the driver would
make him liable only if it was done within ... took
a contention that the deceased were gratuitous
passengers and that it was the driver of the offending
vehicle who allowed them
claim advanced by the claimants
was basically on the ground that a driver of the
offending vehicle was rash and negligent. The
appellant - Insurance Company ... contention of the Insurance
Company was they were gratuitous passengers
carried in the goods vehicle and therefore it has
no liability. The learned Member
driver since
the tractor allows only the driver to drive as it has a
single seat. Therefore, the persons other than the driver
were prohibited ... therein not unauthorized
or gratuitous passengers when the tractor has been
provided with one seating capacity that of the driver
alone no other person
liability and
additional amount of Rs.50/- was collected from
owner-cum-driver. Hence, the Insurance Company is
16
liable to pay the compensation ... death of or bodily injury to a
gratuitous passenger. The injured was, indisputably,
not the driver of the vehicle, he was a pillion rider
stood prior to amendment, would certainly not include a gratuitous passenger. The endorsement IMT 14 certainly does not, therefore, take into its ambit unauthorized passengers ... cover such other person including a gratuitous passenger who is there to the knowledge of the charterer and driver of the vehicle which would bring
trailer driver at commission agent shop and while
returning, he fell off from the vehicle due to rash and
negligent driving of the driver ... premium was paid covering the driver or
owner of the vehicle, but still even in case of gratuitous
passenger, it was directed that Insurance Company
