Gratuitous passengers -- Requirement of -- Plea of gratuitous passengers has been raised for the first time before High Court in appeal, which cannot be allowed -- If a plea is not taken and a point for consideration is not specifically framed whether the deceased was a gratuitous passenger in the vehicle, it cannot be urged for the first time in appeal -- Thus, it can be safely concluded that the insurance company cannot plead for exclusion of liability and cannot deny indemnity to insured on the ground of violation of terms of policy. Bachhi Bai’s case 2011 ACJ 2475 relied.

(P&H HC) Decided on: 30.05.2016