JUDGMENT : 1. This appeal is filed by the National Insurance Company, insurer of the jeep, which was involved in the accident which took place on 31.3.2001 in which respondent no.1 original claimant Manojkumar Bhimabhai Vanjara received bodily injuries. He filed Claim Petition No.1281/2001 before the Motor Accident Claims Tribunal, Godhra claiming compensation of Rs. 1,50,000/from the driver, owner and insurer of the vehicle. The Insurance company appeared before the Claims Tribunal, filed a written statement and took the defence that the claimant was fare paying passenger in the vehicle which was not permitted to be used for commercial purpose. There was thus breach of policy and the insurance company should therefore be absolved. In the cross examination of the claimant also, this aspect was highlighted. The claimant agreed that he had paid fare of Rs.10/to travel in the jeep. The policy of insurance was produced along with the list exh.47 to point out that one of the limits of liability was that the vehicle should not be used for commercial purpose. For some reason, the Claims Tribunal did not discuss this aspect of the matter in the impugned award and by awarding compensation of Rs.1,03,120/to the claimants held the insurance company liable to satisfy the decree. 2. I have heard learned advocate for the appellant insurance company. Though served, no one appeared for the claimants. From the record, it emerges that the claimant was travelling as fare paying passenger in the vehicle which as per the policy of the insurance company not allowed to be used as commercial vehicle. The liability of the insurance company was therefore, wrongly fastened by the Tribunal without any discussion. However, considering the fact that the insurance company has already deposited the claim amount out of which 30% has been released in favour of the claimant long back and other relevant aspects of the matter, while allowing the appeal it is further provided that the insurance company shall pay the said amount and recover the same from the driver/owner. The amount which has been invested by the Claims Tribunal shall be released in favour of the claimants with a liberty to the Insurance company to recover the same from driver/owner without filing a separate suit. 3. First appeal is disposed of. R&P may be transmitted back to the concerned trial Court.