JUDGMENT

1. Instant appeal has been preferred by the claimants-appellants against the impugned judgment and award dated 27.07.2006 passed by the Court of Motor Accident Claims Tribunal, Bandikui, Rajasthan (hereinafter referred to as ’the Tribunal’) in Motor Claim Case No.81/2006 by which claim petition filed by the claimants-appellants was allowed and the respondentinsurance Company has been exonerated and the respondent Nos. 1 & 2 (driver & owner) of the vehicle have been directed to pay the compensation of Rs. 4,14,600/- to the claimants-appellants.

2. Learned counsel for the claimants-appellants submits that while deciding the issue No.3, the Tribunal has recorded an erroneous finding that the deceased was travelling in vehicle in the capacity of a passenger. Counsel further submits that no evidence was led on behalf of the respondent-insurance Company that there was any breach of policy or that the deceased was travelling in the vehicle in the capacity of gratuitous passenger. Counsel submits that even if this fact is treated as it is, then also the direction could have been issued by the Tribunal to the respondent-insurance Company to first pay the amount of compensation to the