gratuitious passenger in a car

question partition:

a)  will it make any diference if car would have been insured for third party only ? 

b) whether  a person taking lift is to be treated diferently from family members of owner of  the car ?

It is a private car, so gratutious passengers are not entittled to claim the compensation, insurance company is not liable to pay the compensation. The important  things is that while drafting the petition the necessary avearment is that " Owner for his personal work took the petitioner".

I am representing Ins., co., Petitioner had been to welcome thendeputy chief minister of Karnataka  and vehicle met with an accident one person died and 4 others injured. In a cross examination injured petitioner admitted that the vehicle was while board, but the Dist., judge came to the conclusion that Owner of the vehicle took the injured person for his personal work i..e., to welcome the Dy C.M. So insurance co is liable to pay the compensation.

If it is third party insurance u cannot claim the compensation.

LIft taking person will not be treated differently.

thnk smr. vadrali. let us see what other members opine. the issue involved herein has been referred to larger bench of supreme court.