JUDGMENT

ALTAMAS KABIR, J.

1. Despite service of notice, none of the respondents in these Special Leave Petitions have entered appearance or are represented today to contest the same. All these Special Leave Petitions involve a common question of law as to whether an Insurance Company can be held to be liable for payment of compensation to passengers travelling in a public transport in breach of the conditions of the permit granted to the owner of the vehicle for operating the same. They are, therefore, taken up for consideration together. Delay, if any, in filing the Special Leave Petitions is condoned.

2. Leave granted.

3. Since the facts in all these appeals are the same, the facts in SLP (C) No. 24188 of 2008, United Insurance Company Ltd. v. K.M. Poonam & Ors., are referred to in this judgment.

4. The Respondent No.5, Shri Surdeep Gusain, obtained an insurance policy insuring his Jeep No. UP-06-6244 with a sitting capacity of six persons, including the driver, for the period covering 23rd July, 2004 to 22nd July, 2005. In other words, besides the driver, the vehicle was entitled to carry a maximum number of five passengers.

5. On 18th August, 2004, the aforesaid vehicle carrying