This batch of five appeals and one cross-objection arising out of the same vehicular accident and involving a common question of facts and of law were heard together and are being disposed of by this common judgment. The common question of law involved is whether the deceased and injured, for which claim petitions were filed, are gratuitous passengers or not.

2. To simplify the controversy, I will first deal with MAC Appeal No. 15 of 2015, which arose out of T.S. (MAC) No. 252 of 2012, and thereafter apply my decision, to the extent possible, to the facts of the remaining appeals. The facts giving rise to this appeal are that on 12-4-2012 at about 6.30 AM, when the deceased (Matiya Tripura) boarding the Maxi truck bearing registration No. TR-01-P-1674 proceeding from Wanasapara to Gandacherra market along with jhum products for selling them in the market, reached a place called Hatirmatha, the driver lost control of the vehicle due to rash and negligent driving and fell into deep gorge by the side of the road. As a result, the deceased died at the spot. The deceased was said to be 34 years old, was a registered Government labourer holding a job card with a monthly