other words, the term "any person"
excludes gratuitous driver or passenger in the absence of specific
cover for the same. On the same ... company is liable to indemnity the owner for
the death of gratuitous driver of insured motorcycle as a
victimÂHeld: No."
17 Section
proceeding near Kannadi Bridge, Dhalarpath Pirivu Road at Salem-Dharmapuri Highways, the driver of the Van drove it in a rash and negligent manner ... owner of the goods or co-driver or cleaner but only as a gratuitous passenger.
16. It is well settled that when the goods carriage
that time, the tempo capsized due to negligent driving of the driver. In the result, the petitioner had sustained grievous injuries. Hence the claimant ... vehicle for loading and unloading Not a gratuitous passenger Policy though not covering more than driver, Claimant travelling along with goods for loading / unloading certainly
Motor Vehicles Act, 1988 , Sections 147 , 149(4) & 149 (5) Gratuitous Passengers travelling in Goods vehicle Liability of Insurer Extent Under Section 147 Insurer ... claimant was a gratuitous passenger. Further there was also no discussion to establish that the driver was not possessing a valid driving licence, as there
Tribunal, had admitted the accident with alternative plea that the deceased was gratuitous car passenger of the car in question. It has also been submitted ... with the appellant Insurance Company and driver was having a valid driving licence. Hence, plea with regard to gratuitous passenger has been rejected
have
not pleaded or proved that they were a mere driver or a gratuitous
passenger and were not aware of the contents of the trolley
prove that the accident occurred due to fault of the
driver of jeep No. DL-5CA-6285. It concluded that on the basis of police ... appeared as PW2 and stated that no fare
was paid to the driver of the offending vehicle. The offending vehicle was
on contract
travelled as a gratuitous passenger. Therefore, the Insurance Company is not liable to pay the claim amount. The driver did not possess a valid driving ... accident had not been committed by the driver of the vehicle in a negligent manner. Further, the driver of the vehicle did not possess
that they had by some
way known the driver or the owner and that they were gratuitous
passengers. Not one witness was prepared to make ... deny that he had no knowledge of any admission by his
driver to secure a hire or he had specifically prohibited the driver from
collecting
being transported to
Chandigarh from Hanumangarh, Rajasthan. He had stated that the driver
could not negotiate a turn on the road properly and hit against ... treat him as a
gratuitous passenger. This was wholly an erroneous approach and when
his status as a second driver was admitted by the owner
