Judgment Samvatsar, J. ( 1. ) This order shall govern the disposal of above-mentioned appeals and revisions, as the same are arising out of the same accident. These cases are filed by the insurance company challenging the awards passed by the Presiding Officer, Motor Accidents Claims Tribunal, Shivpuri, impugned under those cases by which the Claims Tribunal has awarded compensation to the claimants and held the insurance company liable to pay compensation. These cases are filed by the insurance company challenging its liability. ( 2. ) In Misc. Appeal No. 791 of 2006 the claimants have filed cross-objection for enhancement of compensation. Mr. Sunil Jain, the learned counsel for the claimants at the time of hearing submits that he does not want to press the cross-objection. Accordingly, the cross-objection filed by the claimants is hereby dismissed as not pressed. ( 3. ) Brief facts of the case are that on 6.7.2005 deceased and injured persons were travelling in a vehicle bearing registration No. MP 33-G 0166. The said vehicle turned turtle, in which several persons sustained injuries, due to which deceased persons died. The Claims Tribunal after assessing the income of deceased persons and injured has awarded compensation to the claimants and held all the respondents jointly and severally liable for payment of compensation. ( 4. ) The appeals and revisions are preferred by the insurance company on the ground that the insurance company is not liable for payment of compensation. According to learned counsel for the appellant, the vehicle in question was insured by the policy Exh. D1 dated 5.1.2005 as goods vehicle. The vehicle in question was registered on 20.1.2005 as passengers vehicle without any information to the insurance company. It is contended by the learned counsel for the appellant that as per the policy of the insurance company there is prohibition for carrying passengers in the said vehicle and, therefore, the insurance company is not liable for payment of compensation. ( 5. ) From perusal of the policy, Exh. D1, the limitations of the insurance company are mentioned therein, which are as under: "Use only for carriage of goods within the meaning of Motor Vehicles Act.
( 5. ) From perusal of the policy, Exh. D1, the limitations of the insurance company are mentioned therein, which are as under: "Use only for carriage of goods within the meaning of Motor Vehicles Act. The policy does not cover (a) organised racing, pace making, reliability trials or speed testing (b) drawing a trailer except the towing (c) carrying passengers in vehicles except employees not exceeding the number permitted in registration document and coming under purview of Workmens Compensation Act, 1923." Thus from reading of the said conditions, it is clear that the policy prohibits use of the vehicle for carrying passengers. ( 6. ) The claimants have also admitted that the deceased and injured were travelling in the vehicle in question as passengers. Moreover, Iqbal Singh, owner of the vehicle has examined himself as DW 1. Iqbal Singh in his statement has stated that he is owner of jeep bearing registration No. MP 33-G 0166. The jeep was carrying 12 passengers. In para 3 of his statement he admits that he was using the said jeep for carrying passengers and has purchased the same for the said purpose. He further admits that the said vehicle was registered as goods vehicle and he never informed the insurance company that vehicle is registered as passenger vehicle. Thus, from the evidence, it is clear that the vehicle in question was registered as goods vehicle and was carrying passengers in breach of policy conditions. In such circumstances, the insurance company cannot be held liable for payment of compensation. Hence, the insurance company is exonerated from payment of compensation and claimants can recover the amount of compensation only from the owner and driver of the vehicle in question. ( 7. ) At the time of arguments, it has been pointed out that insurance company has deposited some amounts towards compensation. Hence, the insurance company shall be free to recover the said amount. ( 8. ) In the result, all the appeals and revisions filed by the insurance company are hereby allowed with the aforesaid observations/directions. Appeal allowed.