1. By this common Judgment, these appeals are being disposed of together. For, a short common question involved in all these appeals is as to whether the insurer can be directed to pay compensation amount determined by Motor Accident Claims Tribunal, though not liable to pay due to breach of the policy condition, and thereafter to recover the same from owner of the offending vehicle.

2. The Motor Accident Claims Tribunal held that a Matador bearing Registration No.MH-18-C-7189 and truck bearing Registration No.DL-1-GB-0314 were involved in the vehicular accident. The accident occurred due to collision of the two vehicles on Bombay-Agra road on 3.1.2000. There is no dispute about the fact that the vehicular accident was so ghastly that 10 persons died and 4 were injured as a result thereof. All of them were travelling in the matador vehicle at the relevant time. The matador vehicle was insured with the appellant. The deceased persons and injured claimants were travelling in the metador vehicle as gratuitous passengers. The Tribunal held that the insurance company (appellant) was not liable to pay compensation to the legal representatives of the deceased and the injure