A person assisting beside a stationary goods vehicle is a third party, not a gratuitous passenger.

On 29 September 2005, a pickup van travelling from Charadva to Morbi stopped after a rear-wheel puncture.

The deceased, who had been travelling in the van, was outside it assisting the driver when an Eicher truck approaching from behind struck the stationary van, causing fatal injuries to him.

The Motor Accident Claims Tribunal, Morbi, awarded the claimants ₹12,04,000 with interest at 9% per annum and held the opponents jointly and severally liable.

The National Insurance Company appealed, contending, among other things, that the deceased was an unauthorised or gratuitous passenger in a goods vehicle and that the pickup van’s insurer should be exonerated.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988.

The Court applied the distinction between composite negligence and contributory negligence discussed in T.O. Anthony and reiterated in Pawan Kumar v. M/s Harkishan Dass Mohan Lal and Khenyei v. New India Assurance Co. Ltd.: in composite negligence, where injury results from the negligence of two or more wrongdoers, each is jointly and severally liable for the entire compensation, and the claimant may recover the whole amount from any one or more of them; contributory negligence, by contrast, involves negligence by the injured person that contributes to the accident.

The evidence, including the claimant’s testimony, FIR and related records, supported the finding that the van was stationary on the roadside and that the deceased was outside it assisting with the puncture when the truck struck the van.

The Court therefore treated the deceased’s status at the time of impact as that of a roadside bystander or third party, rejecting the insurer’s contention that he remained a gratuitous passenger in the goods vehicle.

The truck’s collision with the stationary van supported the finding of composite negligence; accordingly, the claimants could recover the awarded compensation jointly and severally from the liable parties associated with both vehicles.

It directed the Tribunal to disburse the amount held in deposit, with accrued interest, to the claimants after verification and in accordance with the applicable procedure, with court fees to be deducted if unpaid.

The record and proceedings were ordered to be returned to the Tribunal.