1. These First Appeals challenge the common award of the Motor Accident Claims Tribunal, Thane in Motor Accident Claim Application Nos.398 to 406 of 1983. The Tribunal has dismissed the claim applications on the ground that the insurance company was not liable to pay compensation.

2. The facts giving rise to the present appeals as under:

A group of labourers alongwith their children boarded a motor truck No.MWT 2994 owned by Respondent No.1 on 20.21983. At about 2 pm near Village Narangi, Taluka Dahanu, they loaded the truck with their cooking utensils, firewood and clothes tied in gunny bags and/or bundles. They were proceeding to a brick kiln where they were assured of work. When the aforesaid truck stopped at Virar Phata, the driver of the truck enquired with them whether they wanted a lift in his truck. Accordingly, all the labourers boarded the truck. The driver charged them Rs.1.50/-for the luggage of each labourer and Rs.1.50 per passenger. The truck was already loaded with cement bags. Near Narangi village the driver of the truck lost control of the vehicle as a result of which the truck overturned. Six persons died on the spot in the accident. Three others sustained severe injuries. Four of the deceased belonged to one family and two from another. The claimants before the Tribunal were either the legal representatives of the deceased or the victims of the accident themselves. It was contended by the claimants that the accident had occurred due to the gross negligence on the part of the driver of truck.

3. Motor Accident Claim Application Nos.398, 399, 400, 401 of 1983 were filed by one Lahu Lakma Bije claiming compensation for the death of his wife, minor son Sitaram, minor daughter Nimoni and minor daughter Sunder respectively. The compensation claimed was Rs.50,000/-, Rs.35,000/-, Rs.30,000/- and Rs.20,000/- respectively. Devu Buthai Bhurkud is the claimant in respect of MAC No.402 of 1983 and 403 of 1983 claiming compensation for the death of his sons Madhya and Sadya of Rs.30,000/-and Rs.25,000/- respectively. The claimants in the other applications are the victims, who survived the accident.

4. The Tribunal after considering the evidence on record concluded that the applicants had proved that the accident occurred on 20.2.1983 as a consequence of the rash and negligent driving of the driver of truck No.MWT-2994 in which the deceased and the victims were travelling. However, the Tribunal did not grant any compensation as the insurance company proved that the insurance policy had been breached. It was held that passengers were carried for hire or reward in the truck which was a goods carrier and therefore the insurance company was not liable to pay any insurance. Although no issue was framed as to whether the owner was liable it was held that there was no evidence to indicate that the owner had expressly authorised the driver to ferry passengers in his truck for hire or reward. The Tribunal relied on the judgment of the Division Bench of this Court in the case of Maimuna Begum Abdul Razzaque & Ors. v/s. Taju Ahmed Khan & Ors., 1989 Mh.L.J. 352.

5. The learned advocate for the appellants submits that the judgment of the Tribunal is contrary to the judgments of the Supreme Court in the case of New India Assurance Limited v/s. Asha Rani & Ors., 2003 (Vol. 1) ACJ 1 and in the case of National Insurance Co. Ltd. v. Chholleti Bharatamma & Ors., 2008 ACJ 268. He also relies on the judgement of the Division Bench of this Court in the case of Nasibdar Suba Fakir vs. Adhia & Co. & Ors., 1983 Mh.L.J. 647 to contend that the insurance company would be liable for payment of compensation when a person travels in a goods vehicle as the owner of the goods.

6. Mr.Karnik, appearing for Respondent No.1, the owner of the truck, submits that the Tribunal has committed no error in concluding that the deceased and the victims were travelling without permission from the owner of the truck. He submits that there was no eviden