Judgment Gyan Sudha Misra, J.-This appeal has been preferred by the Oriental Insurance Co. Ltd. against the award dated 112.2004 passed by the MACT, Jaipur City, Jaipur which has been pleased to award a sum of Rs. 3,70,000/-by way of compensation to the dependents of the deceased who died as a result of the accident caused by the jeep which admittedly was insured with the appellant Insurance Co. 2. In so far as the quantum of compensation is concerned, nothing could be found on the basis of which it could be interfered with. However, the Counsel for the appellant has endeavored hard to impress upon this Court that as per the case of the claimants themselves, the deceased was stated to be travelling on the camel-cart, which was hit by the jeep but the Tribunal finally has recorded a finding that the deceased was travelling not on the camel-cart but he was travelling on the jeep, which was insured with the appellant Insurance Co. By implication, she is trying to contend that the claimants having failed to establish that the deceased was travelling on the camel-cart as he was found to be travelling on the jeep, the claim petition ought to have been rejected for not coming out with the true story and hence the liability of paying the compensation should not have been fastened on the appellant Insurance Co. with which the jeep was insured. 3. In spite of hearing the Counsel for the appellant at some length, I find no substance in this plea for even if the plea of the claimants to the effect that the deceased was travelling on the camel-cart could not be established, the fact remains that he died on account of the accident caused by the jeep on which he was found to be travelling as per the finding recorded by the Tribunal. Confronted with this situation, the Counsel for the appellant adopted an escape route and submitted that if the deceased was found to be travelling on the jeep, then the liability to pay the compensation should have been fastened on the owner of the jeep as the same was being used commercially by the owner. I find no substance in this plea also as the appellant Insurance Co. I find no substance in this plea also as the appellant Insurance Co. has not even remotely led an iota of evidence to the effect that money was charged by the owner of the jeep from the deceased so as to make out a case in its favour that he had breached the terms and conditions of the policy as the vehicle was used commercially. If the Insurance Co. has failed to prove its case that the vehicle on which the deceased was travelling, was used for commercial purposes, then the contention that the claimants should not be held entitled to the amount of compensation from the Insurance Co. or that the claim should have been rejected on account of mis-statement of fact, cannot be allowed to be sustained. 4. No other point other than the above has either been urged or was found in the appeal. Hence, it is dismissed at the admission stage itself .