'Hamali' is Not a Gratuitous Passenger, Qualifies as Third Party Under Motor Vehicles Act : Andhra Pradesh HC

The Andhra Pradesh High Court has ruled that a 'hamali' (loader) is not a gratuitous passenger but qualifies as a 'third party' under Section 145(i) of the Motor Vehicles Act.

This decision arose from the case of B. Ramanjaneyulu, a hamali who died after falling from a trailer while transporting gravel. His family was awarded compensation by the Workmen's Compensation Commissioner.

The insurance company contested this, arguing that no premium was paid for the deceased.

The court dismissed the appeal, stating that the 2019 amendment to the Act, which includes co-workers on transport vehicles as 'third parties,' applies retrospectively, thus holding the insurer liable for compensation.