Miss Shukla, J. –

1. This appeal is by the insurer of dumper truck No. MP26 AO-139 which caused an accident on 29.11.90 resulting in fatal injuries to Raja Ram Kunwar who died in consequence thereof the following day in District Hospital, Raigarh. By an award dated 13th April 1993, the Claims Tribunal awarded compensation of Rs. 1,18,800/- to the respondents No. 1 and 2, being the widow and son of the deceased. This award has been challenged in this appeal on the ground that the insurer was absolved from liability on account of breach of conditions of policy in so far as the dumper was being -used for carrying passengers for hire.

2. The facts of the case which are not in dispute may be briefly stated. The dumper belonged to respondent No.3 and was being driven by respondent No. 4 at the time of the accident. Raja Ram had boarded the dumper at Gharghoda and had paid Rs. 5/- as fare. About 3 kms from Gharghoda, the dumper fell down into a field from a height of 28 ft. The accident was as a result of resh and negligent driving of the dumper.

3. The Tribunal made the award recording a finding of reshness and negligence. The dependency of the c1iamant was taken to be of Rs. 470/- p.