Insurer cannot claim exemption in absence of material to show that passenger was a gratuitous

Last updated: 10 February 2023
Quick Summary
The Guwahati High Court dismissed an insurer's appeal against a compensation award for a passenger injured in a truck accident. The insurer argued the passenger was 'gratuitous' and thus not entitled to compensation. However, the court found no evidence to support this claim. The insurance policy covered employees, and the insurer failed to provide material to prove the injured person was merely taking a lift.

Court :
Guwahati High Court

Brief :
The court rightly pointed out that a "Gratuitous Passenger" is that person who has taken lift in the vehicle. Since insurance company has not material substance to prove that the person injured is a Gratuitous Passenger and hence cannot claim repudiate the claim of the passenger in the vehicle at the time of accident.

Citation :
CASE NO. : MACAPP./84/2013

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