ground that the passengers, who travelled in the car, were gratuitous passengers and therefore, the Company is not liable to pay any compensation ... Harshavardhatiya Rudraditya vs. Jyotindra Chimanlal Parikh ]. There, the deceased was a gratuitous passenger. There, as in the present case, the insurance policy was a Comprehensive
liability (Liability only/Statutory policy) and no premium was paid for gratuitous passenger in the car and hence, the Tribunal erred in awarding ... from the driver and therefore, the deceased cannot be termed as a gratuitous passenger, nor fare paying passenger and the deceased is coming under
purpose of some Court work of the bank. Thus claimant was a gratuitous passenger in a private vehicle. Hence, by relying upon observations ... Apex Court, does not cover the risk of a gratuitous passenger in a private vehicle. By referring to copy of the policy at Exhibit
policy, the same did
not cover the claim in respect of a gratuitous passenger travelling in the
insured vehicle.
The grievance of the appellant Insurance ... authenticity of this document
chandigarh
FAO No. 460 of 2012 4
gratuitous passenger, was not covered for the risk of his death in the
accident
cover the risk of death or bodily injury to a gratuitous passenger;
(g) Insurer was entitled to raise all available defences in terms of Section ... therefore, the question whether the passenger in the motorcycle was a gratuitous passenger or whether he can be said to be a third party
housewife and was awarded
compensation taking the value of gratuitous services rendered by a
housewife to be `3,000/- per month. The Claims Tribunal came ... relation to
the right lower limb, there would be loss in rendering gratuitous services
to the extent of 20%. The Claims Tribunal, thus awarded
policy.
7. It was next stated that the deceased was a gratuitous passenger
and consequently, in terms of the judgment of the Supreme Court ... insurance
company, to the impugned Award, is that the deceased being a gratuitous
passenger riding pillion on the motor-cycle owned and driven by respondent
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Vehicle as gratuitous passenger and secondly in alternative, in
absence of any proof ... various grounds including
breach of terms and conditions of policy, deceased being
gratuitous passenger in the vehicle etc.
5. Learned Tribunal framed the following issues
vehicle, on account of whose death, compensation has been
awarded, were gratuitous passengers. The specific contention
of insurer is that the vehicle involved ... insurer
raised various objections including that the deceased persons
were travelling as gratuitous passengers. It was further
pleaded that at the time of accident
Whether the Insurer is liable for compensation in respect of gratuitous passengers in a goods vehicle under the provisions of Motor Vehicles ... learned Counsel for the Insurance Company that all these passengers are gratuitous passengers and they are not covered by the Insurance Policy and therefore
