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


Last updated: 10 February 2023

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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