because the seating capacity was shown as two in the policy, the coverage cannot be extended to all the passengers carried in a vehicle unless there is a specific undertaking in the policy evidencing the extension of such coverage to the passengers. On going through Ext.B1, it can be seen that the policy was intended to cover own damage, statutory coverage, personal accident and legal liability to employee/driver. Thus, the coverage of the policy to the passenger carried in the goods vehicle was not at all mentioned in the said policy certificate. When it comes to the question of statutory coverage, contemplated under Section 147 of the Motor Vehicles Act for the coverage, as far as the passenger carried in a goods vehicle is concerned, it would be confined to those persons who were travelling in the said vehicle in the capacity as the owner of the goods carried in the vehicle alone. Now, it has come out in evidence that he was not travelling in the said vehicle as the owner of the goods, but, as evidenced by Ext.A1, he was just travelling in the said vehicle as a gratuitous passenger. Therefore, no coverage was available in this case.
