1. In an accident involving the truck belonging to the appellant, two persons were killed whose dependants/heirs filed M.C.O.P. Nos. 70/87 and 25/88 before the Motor Accidents Claims Tribunal, Coimbatore (Principal Subordinate Judge) claiming compensation respectively in a sum of Rs. 3 lakhs and a sum of Rs. 50,000/-.

2. M.C.O.P. No. 70/87 was filed by the dependants of one Ayyapparaj and M.C.O.P. No. 25/88 was filed by the dependants of one Palanisamy. C.M.A. No. 737/93 has been filed against M.C.O.P. No. 70/87 and C.M.A. No. 738/93 against M.C.O.P. No. 25/88. The vehicle involved was TNL 4556. The date of the accident was 14.4.1986. The Insurance Company was exonerated on the ground that there was breach of terms of the policy by carrying 50 passengers in a goods vehicle.

3. Mr. M. Kalyanasundaram, learned Senior Counsel for Mr. G. Sethuraman appearing for the owner of the vehicle in both the appeals, submitted that all the decisions exonerating the Insurance Company from liability in cases of alleged breach of terms and conditions of the insurance policy have been rendered under Section 95 of the Motor Vehicles Act, 1939, without reference to Section

96 which talks ab