ORDER :

1. This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short ‘the Act’) has been preferred by the appellants/driver & owner against award dated 23.3.2023 passed by Upper Motor Accidents Claims Tribunal, Surajpur Distt. Surajpur in Motor Accident Claim Case No.151/2021.

2. By the impugned award, the Claims Tribunal allowed the claim petition filed by the claimant and awarded a total sum of Rs.14,81,200/- in favour of respondent No.1/claimant and respondent No.3 on account of death of Dharmjeet, who was son of respondent No.1 and husband of respondent No.3, in an accident occurred on 03.3.2021 by rash and negligent driving of the offending vehicle Pick-up van, bearing registration No.CG 29 AD 2845, by appellant No.1, owned by appellant No.2 and insured by respondent No.2./Insurance company. However, insurance company has been exonerated by the Tribunal, holding that there is breach of policy condition.

3. As per the pleading of the claim petition, the deceased Dharmjeet, aged about 20 years, was working as a helper/khalasi in a Pick-up van bearing registration No.CG 29 AD 2845 owned by appellant No.2. On 03.3.2021 as per the instruction of the owner, the deceased a