gratuitous passengers, insurance policy in respect of the car is
a ACT policy, it does not cover risk of gratuitous passengers.
The driver ... gratuitous passengers, insurance policy in respect of the car is
a ACT policy, it does not cover risk of gratuitous passengers.
The driver
pleaded
that the deceased was travelling as a gratuitous passenger. However,
during the proceeding the driver has retracted from the averment
made in the pleadings ... admission of the owner
and the driver that the deceased was a gratuitous passenger which is
clarified by the recital in FIR that three other
claim case (suit No.512/2010/2008) on 18.07.2008 impleading the insurer,
driver and owner respectively of the offending vehicle as respondents. The
tribunal held ... travelling in the trolley as a gratuitous passenger
and further as the driving licence of the driver (sixth respondent herein) was
valid only for light
accident was the outcome of rash and
negligent driving of the driver of the offending vehicle, namely,
Kuldeep. It was further alleged that the deceased ... Whether the deceased was a gratuitous
passenger as alleged, if so, to what effect? OPR-3
4. Whether driver was not having valid and effective
conviction recorded by the
Criminal Court is enough to hold that the driver had driven the vehicle
rashly and negligently, but his acquittal would ... basis for holding that the driver
has not driven the vehicle rashly and negligently and the
deceased/injured were gratuitous passengers?
29. It is beaten
insurer has filed the instant
of
appeals. The claimants and the driver/owner have not
questioned the impugned awards on any count, thus ... cannot be termed as gratuitous passenger since the
insurance policy/agreement was covering the risk of two
persons and the driver of the vehicle
Mohindra Pick-up
No. HP-63-0952 by the respondent No.2/driver
Shri Kamal Singh, as alleged? OPP
::: Downloaded on - 15/04/2017 ... with the accident, cannot be said to
of
be an unauthorized/gratuitous passenger.
40. It is apt to reproduce paras
impugned award", for short.
.
2. Claimants and insured-cum-driver have not
questioned the impugned award on any ground. Thus,
it has attained ... Maidub deceased. He also argued that
the deceased was a gratuitous passenger, the driver
was not having a valid and effective driving licence to
drive
conviction recorded by the
Criminal Court is enough to hold that the driver had driven the vehicle
rashly and negligently, but his acquittal would ... basis for holding that the driver
has not driven the vehicle rashly and negligently and the
deceased/injured were gratuitous passengers?
29. It is beaten
only policy meaning thereby that it only
covers driver of the tractor and trolley, which is necessary to meet the
requirement of the Motor Vehicles ... trolley as an unauthorised or gratuitous
passenger.
28. Even in the registration certificate, the sitting capacity including the
driver is shown to be one. Therefore
