SUDHIR NARAIN AND V. M. SAHAI, JJ. ( 1 ) THIS appeal is directed against the award of Motor Accidents Claims Tribunal, Jhansi, dated 21. 8. 2001 awarding Rs. 1,60,000 to the claimants-respondents as the compensation. ( 2 ) THE claim petition was filed with the allegations that on 24. 11. 1994 while the deceased Ramju was going to Moth Samthar turning on truck No. UGP 4955 with his goods loaded therein, the truck tumbled down near the turning in between Chirgaon and Baral due to rash and negligent driving of the truck by its driver and Ramju, husband of claimant-respondent No. 2 and father of claimant-respondent Nos. 3 to 5, died in this accident. The appellant contested the claim petition on various grounds. The Tribunal after considering all the relevant aspects of the matter and the evidence on record, recorded its finding in favour of the claimants-respondents that the accident had occurred due to rash and negligent driving of the truck in question resulting into the death of ramju who left behind him his widow and three minor children and awarded Rs. 1,60,000 to claimants-respondents as compensation. This order has been challenged in this appeal. ( 3 ) WE have heard Mr. Saral Srivastava, learned Counsel for the appellant. ( 4 ) THE learned Counsel for the appellant contended that the driver/owner of the truck was not entitled to take passengers in the truck and by doing so he had violated the terms and conditions of the policy. The appellant insurance company was, therefore, not liable to pay compensation. ( 5 ) THE learned Counsel for the appellant has relied upon the decision rendered in New India assurance Co. Ltd. v. Kamla 2001 ACJ 843 (SC), wherein the Honble Supreme Court held that the insurer and the insured are bound by the conditions enumerated in the policy. Insurer is not liable to the insured if there is violation of any policy conditions. In New India Assurance Co. Ltd. v. Satpal Singh 2000 ACJ 1 (SC), it has been held by the Apex Court that even the passenger riding a vehicle not to be used for such purposes, suffers injuries, he is entitled for compensation. ( 6 ) IN view of the above decision rendered in New India Assurance Co. Ltd. v. Satpal Singh 2000 acj 1 (SC), we do not find any merit in this appeal.
( 6 ) IN view of the above decision rendered in New India Assurance Co. Ltd. v. Satpal Singh 2000 acj 1 (SC), we do not find any merit in this appeal. ( 7 ) THIS appeal is accordingly dismissed. ( 8 ) RS. 25,000 deposited by the appellant in this court shall be remitted by the Registry of this court to the Motor Accidents Claims Tribunal concerned within one month from today for payment/adjustment of the amount payable by the appellant to the claimants-respondents. .