The main legal point established in the judgment is the application of estoppel against the insurance company from raising the plea of breach of terms and conditions of the policy and the requirement to prove conscious and willful breach of the policy terms and conditions.

G.P. Mittal, J.

These 19 Appeals (MAC APP. 167/2008, 168/2008, 169/ 2008, 170/2008, 171/2008, 172/2008, 173/2008, 197/2008, 199/2008, 200/ 2008, 201/2008, 202/2008, 203/2008, 204/2008, 205/2008, 209/2008, 210/ 2008, 211/2008 and 212/2008) are directed against a common judgment dated 30.11.2007 whereby the Appellant's plea of breach of the terms and conditions of the policy in 19 Claim Petitions (in Suit Nos. 335/2007, 336/2007, 337/2007, 338/2007, 339/2007, 340/2007, 341/2007, 342/2007, 343/2007, 344/2007, 345/2007, 346/2007, 347/2007, 348/2007, 349/2007, 350/2007, 351/2007, 352/2007 and 353/2007) was rejected and the Claim Petitions were allowed. Before turning to the legal question raised in the Appeals, I may delve into the facts of the case and the plea taken by the respective parties.

2. Nineteen Claim Petitions were filed with the allegation that some residents of Dakshinpuri, New Delhi had travelled to Gogamedi, for a pilgrimage, in Swaraj Mazda No. DL-IV-2571, a school bus, on 19.8.1999. On 20.8.1999, they were on their return journey. At about 11.00 a.m. the bus reached near the Electricity Board Office, Bhadra. It is alleged that Fazal Haque, the driver of the bus was driving the same in a rash and negligent manner. While taking a turn near the Electricity Board Office, the driver lost control of the bus which went off the road and collided against a house resulting in grievous injuries to the occupants. Some of the occupants succumbed to the injuries.

3. Respondent Tagore International School (the owner of the bus, hereinafter referred to as the 'School') contested the Claim Petitions by way of filing separate written statements. While denying negligence on the part of its driver Fazal Haque (who died during pendency of the Claim Petitions) the school took up the plea that the bus was sent to Kali Banga where some of its students had gone to study the remains of Harappa, an ancient civilization. In the evening of 18.8.1999 an intimation was received that there was acute shortage of drinking water and food for the students. It was decided to send some drinking water and food packets. On the next day, the school arranged food packets and drinking water and stacked it in the dicky of the earlier said bus. Later on, the school authorities came to know that the bus met with an accident and a number of persons were traveling in the said bus at that time. It was revealed that some poor people had requested the driver for a lift up to Gogamedi where a traditional fair was being organized, which was on way to Kali Banga. On humanitarian grounds, the driver had offered them lift without any charge or reward. The school took up the plea that neither the management of the school nor any person from the school authorized the driver to give lift or to allow any person to board the bus on the way.

4. The school also took up the plea that a number of Claim Petitions arising out of the same accident filed before the Motor Accident Claims Tribunal (the Claims Tribunal) Shahpura, District Jaipur were settled before the Lok Adalat and, therefore, the Appellant Insurance Company was estopped from denying its liability.

5. The Appellant Insurance Company (Respondent No. 3 before the Claims Tribunal) contested the Claim Petitions on the ground that the School (the insured) committed breach of terms and conditions of the policy and was therefore, not liable to pay any compensation to the Claimants. A plea was also raised that since the Appellant had covered risk of 32 passengers only and more than 32 passengers were found traveling in the bus at the time of the accident, it would be liable to pay compensation (in case its liability is proved) to not more than 32 passengers. This plea is not of any consequence as it is admitted case of the parties that only 11 Claim Petitions were filed before the Claims Tribunal, Shahpura and 19 before the Claims Tribunal, Delhi.

6. On the basis of pleadings of the parties, the following issues were fr