Gratuitous Passengers – Unpaid/Gratuitous Passengers in private passenger cars/pillion rider on motor cycle are required to be compulsorily covered under Compulsory Insurance -- Passengers carried for hire or reward in public service vehicles has always been covered under the Compulsory Insurance qua third party -- Concept of 'Gratuitous Passengers' does not survive under the New Motor Vehicle Act.

(P&H HC) Decided on : 27.11.2017

Third party – Passenger car – Motor cycle – Passenger travelling in private passenger car and a pillion rider on a Motor Cycle are entitled to raise a claim against the owner/insurer for the injury sustained while travelling in such car or as a pillion rider on such Motor Vehicle -- However, to sustain their claim as third party such passenger in private passenger car or such pillion rider shall have to plead and prove that the owner/driver of such private passenger car or the Motor Cycle has been negligent in driving the said car or the motor cycle at the time of accident.

(P&H HC) Decided on : 27.11.2017