no fault liability

Ladhu Ram Chowdhary (Querist) 01 July 2008 This query is : Resolved
Labourers were travelling in trolly attached to tractor-is Insurance Company liabil ?

Follow Query

Report Abuse

H. S. Thukral (Expert) 01 July 2008
No. Tractor /Trolley is goods carrier and the owner is not under compulsion to take insurance policy for the passengers. This would be factual position in this case also. All the passengers were gratuitous passengers and they dont come under thrid party clause in the policy.
Supreme Court judgments
2008(2) AIMR 757
2007 AIR (SC) 1971 are suggested for further reading.

Srinivas.B.S.S.T (Expert) 02 July 2008
right said sir, Gratuitous passengers wont fall under 3rd party insurance and are not entitled for compensation from insurance company.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Member Strength 985678 and growing..

Stay updated with latest Posts!

Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup

New users who have not received email verification mail click here to verify