JUDGMENT - HALBE A.A., J.:---These appeals arising out of the awards passed by the Motor Accidents Claims Tribunal, Aurangabad, have been disposed of by this common judgment as the main claim petitions arise out of the accident, dated 22-2-1991, involving Matador Vehicle MVF 8236 and Truck No. TN-27X-1168 wherein about ten persons died and seventeen persons sustained injuries. The Tribunal awarded compensation of Rs. 25,000/- in each application, under section 140 of the Motor Vehicles Act. The appellant-Insurance Company has been impleaded in those Awards and it is the Insurance Company that has come up in all those appeals, inter alia, contending that the owner and insurer of truck No. TN-27X-1168 have not been impleaded in the claim petition by the claimants and further that the owner of the Matador used the vehicle for hire and reward contrary to the terms and conditions of the insurance policy and for these reasons, all the appeals should be allowed and the Award passed by the Tribunal in various applications against the insurance company should be set aside.

2. This has indeed been countered by the claimants as well as the owner of the Matador No. MVF 8236 on the ground that law does not enjoin upon the claimants to implead the owners and insurers of both the vehicles, since the liability is joint and several and further that under section 140 of the Motor Vehicles Act the defence of breach of condition of the insurance policy cannot be pleaded by the Insurance Company. The liability under the said provision is absolute, indefensible and unimpeachable.

3. In order to appreciate these arguments, few facts may be narrated and they are that on 22-2-1991, the deceased and other passengers were travelling from village Fatepur towards Bhayegaon for attending the marriage in Matador Vehicle No. MVF 8236 owned by original respondent No. 1 and the insured with respondent No. 2 company. It seems that when that Matador vehicle was returning, it dashed against truck of the above number and ten persons including the driver died whereas seventeen persons sustained injuries. The main allegation of the claimants in all these claim petitions was that the driver of the Matador vehicle was rash and negligent while driving the said vehicle when the accident took place. The claimants filed various applications for recovery of compensation of Rs. 25,000/- on no fault basis under section 140 of the Motor Vehicles Act, 1988.

4. In all these petitions, the Insurance Company took a stand that under section 140 of the said Act, the owners and insurers of both the vehicles should have been joined in the claim petitions and in absence of the owner and insurer of the truck, the liability to satisfy the Award cannot be foisted on the present appellant-Insurance Company. It was also contended that the said Matador was used for hire and reward contrary to the terms and conditions of the policy and hence under section 149 of the said Act, the Insurance Company is absolved from the liability on account of the breach committed by the insured.

5. The learned Member of the Tribunal, after considering the case law on those points gave a clear finding that it was not necessary for the claimants to join the owners and insurers of both the vehicles and the same lapse could not be fatal in view of the liability to satisfy the Award being joint and several and claimants had option to recover the entire amount of the Award from owner and insurer of one vehicle. The learned Member also came to the conclusion that the plea regarding breach of terms and conditions of the policy under the above provision is also not available in view of various cases decided by the courts and accordingly the Member of the Tribunal was pleased to allow all those claim petitions and Award compensation of Rs. 25,000/- in case of each death on the basis of no fault liability as contemplated under section 140 of the Motor Vehicles Act.

6. While hearing these appeals, the learned Advocate for the

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