vighnesh barooah 29 April 2021

Gratuitous passenger

A Person was Gratuitous Passenger in a dumper. He was dashed by a JCB vehicle and as a result of the accident the gratuitous passenger died.The accident occurred due to fault of the driver of the JCB Vehicle.Will the Gratuitous Passenger in the dumper liable for compensation under Motor Vehicle Act

Reply Follow

7 Replies

Advocate Bhartesh goyal (advocate) 29 April 2021

A gratuitous passanger is not entitled to get compensation under the provisions of M. V Act.

3 Like

Ishwar Kapil 29 April 2021

Ys he is liable for giving the compensation

Shyam Choudhary 29 April 2021

he is entitled for award of comp

Gone Bullet 29 April 2021

He is liable to get compensation

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 29 April 2021

1. JCB being a specific purpose vehicle is not allowed to carry any kind of Passenger (even gratuitous passenger). Carrying such passenger (for whatever reason) in a JCB, is in itself illegal and CANNOT be eligible for any type of insurance claim.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Sankaranarayanan (Advocate) 29 April 2021

yes i do agree with the answer pointed by learned freind Mr.Goyal and Mr.Agarwal ji

watch later 30 April 2021

Yes, I do agree with Hemant on this.
However, the illegal act was performed by Dumper Owner.
Hence, In this case Insurance Company is not liable to pay any competition and Dumper Owner may have to pay the compensation from his own pocket.

In case the investigation lead by police states the fault of JCB then in such case JCB owner and Dumper Owner may have pay the competition.