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no fault liability

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


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