Downloaded on - 25/11/2022 20:32:49 :::CIS
-2-
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
owner of the
goods, but would not cover un-authorized passengers/gratuitous
passengers who travel in the goods vehicle, for hire or otherwise. He
submits ... term „any person‟ referred to in Section 147
would not include the gratuitous passengers and despite the said legal
position, the Tribunal erred in fastening
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
Supreme Court dealt with the claim of gratuitous
passenger for compensation for the injuries sustained by him.
In that case, the insurance policy was comprehensive ... such comprehensive
policy the words "any person" would include gratuitous
passenger.
5.7.1 In that case, the Apex Court explained the concept of
comprehensive
appellant-insurance company has submitted that the
original claimants were sitting as gratuitous passengers in
the Tractor, as they all went to offer a prayer ... indemnify the owner, in view of the
fact that the victims were gratuitous
passengers in the offending vehicle. While it is
true that the Claims
view of the well settled proposition of law the
unauthorized gratuitous passengers of the goods vehicle are
Page 8 of 31
Downloaded ... clearly
opined that once pointed that in an offending vehicle if
the gratuitous passengers are traveling, the Insurance
Company cannot be held responsible for liability
Insurance Company has
submitted that the deceased was travelling as gratuitous
passenger in the tempo i.e. vehicle involved in the accident and,
therefore, there ... allied appeals, this Court is of the opinion that the gratuitous
passenger sitting in a goods vehicle, the Insurance Company
cannot be held liable
Insurance Company before the Tribunal that deceased
Natubhai Punjabhai was travelling as gratuitous
passenger and as he was travelling as a gratuitous
passenger, Insurance Company ... deceased was travelling in a 'Chakdo Rickshaw' as a
gratuitous passenger. It was also held that no extra
premium was paid
recover.
2. The only issue involved in this appeal is whether a gratuitous passenger, travelling on board a goods vehicle, who sustains injury ... Insurance Company put forth the defence that the claimant was a gratuitous passenger on board a goods vehicle, which amounted to the violation
claim petition, the Tribunal found that the deceased Babu Ram was a gratuitous passenger and the driver/owner of the truck was carrying passenger ... Insurance Company submitted that the matter in regard to carrying of gratuitous passenger in good vehicle arising
