( 1 ) IN spite of service of notice of this appeal upon the respondent No. 2, the owner of the vehicle, no one is appearing on behalf of him.

( 2 ) THE short question, that arises for consideration, in this appeal, is whether, in view of the provisions of Section 149 (2) (i) (a) of the Motor Vehicles act, 1988 (hereinafter called as the said Act) where the offending vehicle was insured as a private vehicle with limited use by the insured for his personal, domestic, pleasure and own business purposes, the insurer could be made liable for payment of compensation for the death of a person who was travelling in the said vehicle upon payment of fare.

( 3 ) IN this case the fact of the accident as occurred on 10. 6. 1999 was proved in evidence. The appellant-Insurer before the Claims Tribunal took a specific plea that the offending vehicle was insured with the Insurer for the use by the owner as his private car and not for carrying passengers on hire. In support of such plea, the appellant Insurer had filed the certificate of insurance which proved the fact that the offending vehicle was insured for being exclusively used for private purposes as above. From the said certificate of insu

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