P.K. Misra, J

1. Learned single Judge raised some doubt regarding applicability of the ratio of a Division Bench decision of the Madras High Court reported in 2006 (1) MLJ 154 (M/s. United India Insurance Company Ltd., v. Selvam and others) and referred the matter to a Larger Bench by observing as follows: -

"28. In the light of the latest decisions of the Supreme Court, exonerating the Insurance Company from its liability to pay compensation for the death/injury to the gratuitous passenger travelling in a goods vehicle, substantial doubt arises whether the decision of the Division Bench of this Court made in 2006(1) MLJ 154 could be followed.

29. In view of the latest decisions of the Supreme Court, in my considered view, the decision of the Division Bench of this Court made in 2006(1) MLJ 154 is to be clarified."

Thereafter, the present Full Bench has been constituted by the Honourable the Chief Justice.

2. The precise question to be answered is whether the Insurer can be directed to pay compensation to the claimant in a case where the deceased and/or the injured was travelling as a gratuitous passenger in a goods vehicle and recover the same thereafter from the owner o