JUDGMENT Mishra, J. -- These three appeals (MA 1591/04, MA 2424/04 and MA 2425/04) have been preferred against common award dated 22.3.2004 passed by 3rd Additional Motor Accidents Claims Tribunal (Fast Track Coun) Betul in MVC No. 38/03, MVC Case No. 39/03 and MVC No. 40/03. The owner has preferred these appeals as insurer has been exonerated form making payment of the compensation amount awarded in accident dated 26.3.2003 when claimants were returning from Bhopal to Betur in jeep bearing registration No. MP 23 D-5879. Respondent Santosh drove the jeep in rash and negligent manner and jeep turned turtle, owing to which the claimants suffered injuries. They were treated in the hospital. Claims petitions were preferred by claimants in the Claims Tribunal. The owner Smt. Meera and driver Santosh in their reply contended that the driver possessed valid and effective driving licence. Owner has instructed driver not to Carry the passengers. Vehicle was insured with the New India Insurance Co. hence insurer is liable if any death or injury were caused in accident. Insurer in the written statement contended that the vehicle was used for commercial gain to transport the goods and passengers. Driver possessed the licence to drive light motor vehicle. He did not possess the licence to drive transport vehicle as vehicle was used to transpol1ation of flour mill. It was used as goods vehicle as there was violation of the tenl1S and conditions which insurance is not liable to pay compensation. The claims tribunal has awarded compensation to the tune of Rs. 30,000/- each to Shriram and Pyarelal and Rs. 25,000/- to Phaganlal along with interest at the rate of 9% per annum from the date of filing of claim petitions. The amount of compensation has not been assailed by appellants. Tribunal exonerated the insurance company from making payment of the compensation. Hence, these appeals have been preferred by owner. Ms. Anita Kaithwas appearing for appellant has submitted that as the owner has instructed the driver not to carry the passengers as such insurer has been illegally exonerated. Driver possessed licence to drive light motor vehicle. Hence, the insurer cannot be exonerated in the facts and circumstances of the case. Shri Rakesh .lain appearing on behalf of insurer has submitted that as per the case set up by the claimants. they have admitted that Rs. Driver possessed licence to drive light motor vehicle. Hence, the insurer cannot be exonerated in the facts and circumstances of the case. Shri Rakesh .lain appearing on behalf of insurer has submitted that as per the case set up by the claimants. they have admitted that Rs. 1,500/was paid as fare for driving of jeep for transportation of the flour-mill persons were travelling with flour mill when the accident took place. Vehicle was insured for the use of private purpose not for commercial purpose hence insurance company has been rightly exonerated, no interference is called for. After hearing learned counsel for the parties. in our opinion, it has been rightly found by the claims tribunal that the vehicle was used by owner for commercial purpose whereas it was insured for private use hence the terms and conditions of insurance policy were violated. Thus we find that terms and conditions of the insurance policy is violated. In similar circumstance the apex Court in Pramod Kumar Agarwal and another v. Mushtari Begum (Smt.) and others, (1004) 8 SCC 667 held that insurer is not liable. The apex Court ordered insurer to pay compensation fixed with right to recover the same from the insured by initiating a proceeding before the executing Court. In the instant case also the insurer is liable to make the payment of compensation and recover the same from the insured by initiating a proceeding before the executing Court. In yet another decision in National Insurance Co. Ltd. v. Challa Bharathamma and others, (1004) 8 SCC 517 similar view has been taken by the apex Court. Thus we find that only modification which is warranted in the award is that the driver insurer and owner are liable to make the compensation it would be open to the insurer to recover it from insured in accordance with law. The appeals are allowed in part to the aforesaid extent. There shall be no orders as to costs. MCP 3856/04 MCP 3858/04 and MCP 4741/04 are also disposed of.