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
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
further held that, the insurance
policy covers the driver alone and it does not cover gratuitous passengers.
That apart, as the policy only covers ... rash and negligence of the driver of the vehicle, however holding that the
deceased was a gratuitous passenger and exonerated the insurance company
from
claimed that Tula Ram
was the second driver. After crossing Agra City, the driver started
driving the vehicle at a high speed and failed ... second driver. It was
urged that the premium paid was for the driver/cleaner/coolie and not
for gratuitous passengers and the driver admitted that
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
accident occurred only
due to the rash and negligent driving of the driver of the Mini Lorry and
directed the appellant-Insurance Company ... goods. They were clearly
gratuitous passengers. The vehicle in which they were travelling can only
carry a driver plus one person, two in all. Only
part of jeep driver was not at all seriously
challenged or disputed. In the instant appeal also, the owner and the
driver of the jeep ... defence put by the owner or the driver of the vehicle that
deceased was travelling as gratuitous passenger. As a matter of fact,
Prashant
negligent on the part of driver of 1st respondent is proved and the deceased driver was also having valid driving licence at the time ... driver
There are other conditions and limits. In this appeal we are concerned with the liability of the insurance company in respect of a gratuitous
vehicle as a gratuitous passenger and the accident
policy which was covering the vehicle does not cover the risk of
the gratuitous passenger ... accident, the vehicle did not have a valid permit nor the
driver had a valid driving license. The Insurance Company
further took the plea that
dispute between the driver of the
lorry and the injured with regard to the return of excess amount paid
and the driver pushed the claimant ... lorry i.e. gratuitous
passenger.
In this case, the victim was in the lorry when the driver exhibited
his negligence, unlike in the first cited
