bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising
contention of the Insurance
Company was they were gratuitous passengers
carried in the goods vehicle and therefore it has
no liability. The learned Member ... vehicle to avoid
larger coverage including the risk of gratuitous
passengers. In such circumstances, the liability
has to be decided treating the policy
compensation on account of the death or bodily injury of
the gratuitous passengers including owner or his
representative of the goods, travelling in a goods ... bodily injuries of either the owners
or his representative or the gratuitous passengers. In all these cases claimant
claimed compensation under Section
Schedule. In fact, specific
coverage is provided for the risk of gratuitous
passenger as per the conditions of policy
regarding the coverage of risk ... occupant who was gratuitously carried but the Court deduced
from the words any person that the policy covered also a
gratuitous passenger. In this case
whether the insurance policy covers the liability to a gratuitous passenger. We also have to decide what is a just and reasonable compensation ... gratuitous passenger",
But we have to apply this judgment in the context of the facts of the individual case. The passengers were gratuitously carried
liability (Liability only/Statutory policy) and no premium was paid for gratuitous passenger in the car and hence, the Tribunal erred in awarding ... gratuitous occupant of the vehicle".
20.This Circular relates to a Comprehensive Policy. Therefore, if it is a Comprehensive Policy, a gratuitous passenger
passenger of the bus. Even if he is taken to be a passenger, his status was that of a gratuitous passenger. As such, the liability ... word "gratuitous" implies that somebody is obliging the other. In the case of a gratuitous passenger in a motor vehicle, the gratuitous passenger
Thus, the gratuitous passengers and fare paying passengers were held to be not covered under the insurance policy whereas a passenger who is the owner ... covered under the new Act. In other words a gratuitous passenger, fare paying passenger, passenger who is the owner of the goods who is travelling
compensation in case of dealth or bodily injury to a gratuitous passenger. What is required to be determined by this Bench is whether an insurer ... compensation in respect of death or bodily injury to gratuitous passenger.
2. To answer the above question, we shall have to apply our mind mainly
appellant was
acceptable, the deceased could have been treated as a
gratuitous passenger. With respect to the liability of the
insurer, in such cases, according ... policy will not cover the death or
bodily injury suffered to gratuitous passengers.
Learned counsel for the appellant referred to
the decision of the Supreme