ARUN MISHRA, N. S. AZAD, JJ.

( 1 ) THESE appeals arise out of the same accident. Four appeals have been preferred by the owner and driver; M. A. Nos. 2457, 2459, 2458 and 2456 of 1999 aggrieved by the part of the award exonerating insurance company, National Insurance Co. Ltd. , whereas M. A. Nos. 2498, 2499 and 2500 of 1999 have been filed on behalf of the claimants for enhancement of compensation and also to saddle the liability on the insurer. Injured/deceased were travelling in the vehicle Tata 407 which is a goods carrier vehicle along with their goods, grain, etc. On 16. 3. 1997 at about 1. 30 p. m. at Bazar road at village Bharra Tola, Tata 407 MP 20-G 2018 turned turtle as it was driven by Kandhi alias Kanhaiyalal Sahu in a rash and negligent manner, resultantly persons travelling suffered injuries, some of them died. The vehicle was owned by Neeraj jain, insured with National Insurance Co. Ltd. Applications for compensation were preferred claiming compensation in each case.

( 2 ) THE driver, Kandhi alias Kanhaiyalal did not file any written statement. The owner in the written statement contended that the driver did not drive the vehicle in a rash and negligent manner. Accident was not caused by him. Other facts were also denied. Excessive compensation has been claimed. Driver possessed valid and effective driving licence. Vehicle was insured as such there is liability of insurance company to make payment of compensation.

( 3 ) THE insurance company, National insurance Co. Ltd. in the written statement contended that there was no rash and negligent driving. Vehicle in question was a goods vehicle in which 20-25 persons were travelling. Driver of the vehicle did not possess the effective driving licence. As passengers were carried, there was violation of terms and conditions of the insurance policy, hence the insurer is not liable to make the payment of compensation.

( 4 ) LEARNED Claims Tribunal has passed the award in each of the cases. Insurer has been absolved of the liability to make payment, the owner and the driver have been held responsible to compensate. Finding has been recorded that the accident was the outcome of rash and negligent driving of the driver, Kandhi alias Kanhaiyalal. Insurer has been exonerated on the ground that there was violation of terms and conditions of the insurance policy inasmuch as injured/deceased were travelling in a goods vehicle and premium has not been realized for the labourers.

( 5 ) MR. Saurav Tiwari, learned counsel appearing for the owner and driver has submitted that the insurer has been exonerated illegally. There is statutory liability of the insurer to make payment of compensation as all the injured/deceased persons were travelling in the vehicle along with their goods owned by them which they were carrying. Hence, the learned court below has gravely erred in law in exonerating the insurer from making the payment of the compensation.

( 6 ) MRS. Amrit Ruprah, learned counsel appearing on behalf of insurer, strenuously submitted that it is a case where 20-25 persons were carried in the goods vehicle. Thus, the vehicle was basically used for the purpose of carrying passengers which is a substantial violation of the insurance policy, as such insurer has been rightly exonerated. No interference is called for in this appeal.

( 7 ) M. A. No. 2499 of 1999 has been preferred by Sagni Bai for enhancement of compensation. She has been awarded compensation of Rs. 1,08,727 along with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till realization. She has suffered disability to the extent of 64 per cent. Her right leg was amputated below knee. She has prayed for enhancement of compensation.

( 8 ) IN M. A. No. 2498 of 1999, Pancham paraste has died. Claim petition has been preferred by the widow, Sudhwaria Bai and daughter, Chandrawati Bai claiming compensation. Learned Claims Tribunal has awarded compensation of Rs. 1,12,068 along with inte

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