Is Collie an Unauthorized Passenger? Legal Analysis Under MV Act

Chitty points out that the definition of "passenger" makes no reference to fee or reward and submits that the character of the vehicle as an omnibus does not change according to whether the people being carried in it pay or do not pay. ... Ordinance irrespective of whether the passengers were carried for reward or not. ... - The appellant was charged on two counts, namely : - (1) Driving a bus on an unautho....

Consumer

Such report which is in the form of Inter-Departmental correspondence is certainly not submitted by the concerned TTE on Affidavit, but otherwise had mentioned therein that he did not allot the vacant berth No. 6 to any unauthorised person. ... Forum failed to appreciate that by selling ticket or making reservation of seat or berth, the railway does not undertake the responsibility of security of the personal luggage/ belo....

2021 Supreme(Online)(MAD) 33790

The claimant travelled as a gratuitous passenger in a goods vehicle. The first respondent is not having valid driving license. Age, Profession, income, mode of accident, injuries and treatment expenses are all denied. ... is not liable to pay compensation. ... Even in the claim petition in Column -4, the claimant was described only as a Collie not as a load woman. No evidence was ever adduced by the claim....

2025 Supreme(Online)(Kar) 10593

Learned counsel further submits that even if the insurance company is not liable; believing that he was unauthorised passenger travelling in a goods vehicle but the owner is liable to pay the compensation. ... First he contends that the claimant was not at all working as a coolie and later admits that petitioner was working as a collie under him. RW-2 is an officer of respondent No.2 and in his evidence, ....

Orissa

No.5-insured argued that the deceased was working as a of an unskilled worker was Rs.70/- per day and the learned that under the 1988 Act an insurance policy covering third party taking note of the fact that the deceased was a gratuitous argued that even if the deceased is treated as a gratuitous passenger

2021 Supreme(Online)(MAD) 19408

an unauthorised passenger. ... for any unauthorised passenger falling within the purview of Section 147 of the Motor Vehicles Act. ... The second respondent even in their counter have pleaded that the second respondent is an unauthorised passenger in the insured goods vehicle and does not fall within any of the parameters as prescribed under Section 147 of the Motor Veh....

2023 Supreme(Online)(MAD) 10284

vehicle did not possess a valid driving license and (ii) the deceased was an unauthorised passenger. ... Ex.P7 only covers the risk of driver and not any unauthorised passenger who travelled with the driver. The deceased who was not a driver, therefore was an unauthorised passenger. Therefore, prayed for setting aside the award of the....

Madras

an unauthorised passenger. ... Per contra, the learned counsel for the second respondent / Insurance Company would submit that the deceased was an unauthorised passenger in a goods vehicle and there was no insurance coverage for any unauthorised passenger falling ... passenger. ... The second respondent even in their counter have pleaded that the ....

2023 0 Supreme(Gau) 175

Having heard the submissions made by both the parties, the court finds that it is not disputed that the accident which occurred on 10.01.2009, was due to the fall of the deceased Rajaram Yadav who worked as a collie, from the vehicle No. ... New India Assurance Company Ltd., (Supra) held that, the injury sustained by the passenger due to fall of the suit case was an accident, where a passenger of a Bus sustained injury due....

Madras

Ex.P7 only covers the risk of driver and not any unauthorised passenger who travelled with the driver. The deceased who was not a driver, therefore was an unauthorised passenger. ... Therefore, this Court finds that the deceased was not an unauthorised passenger and the first respondent / driver had violated the po....

2020 0 Supreme(Mad) 1949

The Insurance coverage is not for the unauthorised passenger/gratuitous person. Therefore, for carrying passenger in goods vehicles, the Insurer is not liable to indemnify the Insured/vehicle owner.

2020 0 Supreme(Mad) 551

He is an unauthorised passenger in the goods carrier. The quantum of the compensation claimed is excessive and exaggerated. He fell on his own and not due to the rash and negligent driving.

2020 0 Supreme(Mad) 564

Later following this judgment, Supreme Court in New India Assurance Company Limited Vs. Vedwati (2007- ACJ-1043-SC) has held as follows:- In case of an unauthorised passenger or gratuitous passenger in the goods vehicle, the Insurance company is not liable to pay and then recover. This principle has been settled by the Hon'ble Supreme Court in the judgment “New India Assurance Company v. Asha Rani”, (2003 ACJ 1 (SC).

Current Civil Cases

There is no relationship of master and servant between the deceased and the owner of the vehicle. 4. The appellant Insurance Company filed statement of objections to the claim petition contending that, the deceased was not working as a driver in the offending lorry. He was travelling as an unauthorised passenger in the said goods vehicle. Further, as on the date of the accident, the deceased was not holding effective driving licence to drive the goods vehicle, no document has....

2015 0 Supreme(Kar) 856

Further, as on the date of the accident, the deceased was not holding effective driving licence to drive the goods vehicle, no document has been produced to show that he was getting income of Rs. 4,000/- p.m. and sought for dismissal of the claim petition. He was travelling as an unauthorised passenger in the said goods vehicle. There is no relationship of master and servant between the deceased and the owner of the vehicle. 3. The appellant-Insurance Company filed statement ....