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account of the death or bodily injury of
the gratuitous passengers including owner or his
representative of the goods, travelling ... either the owners
or his representative or the gratuitous passengers. In all these cases claimant
claimed compensation under Section
Supreme Court of India
acceptable, the deceased could have been treated as a
gratuitous passenger. With respect to the liability of the
insurer ... cover the death or
bodily injury suffered to gratuitous passengers.
Learned counsel for the appellant referred to
the decision
Kerala High Court
Bench held as follows:
"In the case of non-gratuitous passengers, decisions are to the
effect that the insurance company ... company under 'no fault
liability' in regard to the gratuitous passenger has been
considered. On the other hand in those
Andhra High Court
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
Karnataka High Court
passenger, his status
was that of a gratuitous passenger. As such, the liability of the
insurance company could be only ... taken to be a passenger, he was only a gratuitous passenger as he
had not paid the fare. As such
Rajasthan High Court
case of death or
bodily injury to a gratuitous passenger. What is required to be
determined by this Bench ... compensation in
respect of death or bodily injury to gratuitous passenger.
2. To answer the above question, we shall have
Gauhati High Court
passengers for 'hire or reward'
but are 'gratuitous' passengers. It is also argued that inasmuch as
there is evidence ... employees
of the owner of a passenger vehicle and 'gratuitous' passengers of a
goods vehicle. They have also argued that
Andhra High Court
insurance policy since the victim happens to be a gratuitous
passenger and on such the same is not covered under ... policy in question being an Act policy a gratuitous passenger
travelling in goods vehicle does not come under its covered
Calcutta High Court
deceased was travelling in a lorry as a gratuitous
passenger, and the same can be recovered from the insured. When ... compensation for the death of a gratuitous passenger travelling in a goods
vehicle."
32. It is in those
Andhra High Court
policy
does not cover the risk of a gratuitous passenger like Nandalal Kedia
and, therefore, the insurer is not liable ... regard to the
death or injuries suffered by the gratuitous passenger in his car. The
question of liability
Gauhati High Court
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