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
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
under:
On 7-10-1992, the deceased was travelling as a gratuitous passenger in the said jeep vehicle from Udupi to Kundapura in the District ... jeep owner, the risk to a passenger, muchless a gratuitous passenger, travelling in the jeep was not covered and, therefore, it cannot be held liable
Sudhakaran K.V. and others ,
laid down the law regarding gratuitous passenger and
third party.
20. On perusal of this Judgment, the Apex
Court ... also discussed with regard
to the pillion rider will become a gratuitous passenger
and he cannot be third party. The Insurance policy
did not cover
damages in respect of death or bodily injury suffered by a gratuitous passenger travelling in a private vehicle.
6. The entire thrust of the argument ... vehemently contends that it means 'every person' including a gratuitous passenger travelling in a private vehicle. This very expression 'any person
result of the accident an injury has occurred to a gratuitous passenger carried in a goods vehicle. The Tribunal has proceeded on the footing that ... charterer", the non-fare paying passenger is a term employed to cover such passengers who may be gratuitous passengers and this is apparently
only policy" and therefore, the pillion rider, who
was gratuitous passenger on the two wheeler ... clear,
a third-party policy does not cover liability to
gratuitous passengers who are not carried for hire
or reward. The 8th respondent Company will
only policy" and therefore, the pillion rider, who
was gratuitous passenger on the two wheeler ... clear,
a third-party policy does not cover liability to
gratuitous passengers who are not carried for hire
or reward. The 8th respondent Company will
authorised passenger on
the said vehicle. It is contended that a gratuitous passenger
in a goods vehicle is not covered under the policy under
Section ... Tribunal has
failed to appreciate that the deceased was a gratuitous
passengers on the goods vehicle and the documents
produced by the petitioners themselves show
authorised passenger on
the said vehicle. It is contended that a gratuitous passenger
in a goods vehicle is not covered under the policy under
Section ... Tribunal has
failed to appreciate that the deceased was a gratuitous
passengers on the goods vehicle and the documents
produced by the petitioners themselves show
