JUDGMENT : Goverdhan Bardhar, J. 1. Since both the civil misc. appeals have been filed against a common judgment and award dated 03.08.2018 passed by the learned Judge, Motor Accident Claims Tribunal, Chittorgarh, therefore they are decided by this common order. 2. Civil misc. appeal No. 2413/2018 has been filed by the appellants, who are owner and driver of the offending vehicle, against the judgment and award dated 03.08.2018, passed by the learned Judge, Motor Accident Claims Tribunal, Chittorgarh whereby the learned Tribunal has exonerated the respondent-Insurance Company from its liability and held the appellants liable to pay the compensation to the claimants. 3. Whereas civil misc. appeal No. 3555/2018 has been filed by the appellants-claimants for enhancement of compensation amount awarded by the learned Tribunal. 4. Facts in brief are that on 10.05.2012 at about 2:30 PM when the deceased Shanu along with his friend Mojiram was going on the motorcycle in the correct side of the road, at that time the offending bus came from behind, which was being driven by its driver rashly and negligently and hit the motorcycle, as a result of both the motorcycle rider sustained multiple severe injuries and died. The FIR of the incident was registered at PS Kishorepura (Kota). The parents of the deceased Shanu filed a claim petition under Section 166/140 of MV Act seeking compensation of Rs. 56,52,000/- against the respondents-driver, owner and Insurance Company. 5. Upon service of the notices, the respondents filed their respective written statements and denied the averments made in the claim petition. Upon pleadings of the parties, the learned Tribunal framed as many as four issued including the issue of relief. 6. In support of their case, the claimants examined one witness namely Kalu Khan as AW-1 and got certain documents exhibited. In rebuttal, the respondents examined one witness namely Shivlal Ojha as NAW-1 and also got some documents exhibited. 7. After hearing the pleadings of the parties, the learned Tribunal passed the impugned judgment and award dated 03.08.2018. Hence these appeals, one on behalf of the claimants for enhancement and another on behalf of the owner and driver. 8. Counsel for the appellants in CMA No. 2413/2018 submits that the finding of the learned Tribunal with regard to violation of policy conditions is contrary to the settled provisions of law. Hence these appeals, one on behalf of the claimants for enhancement and another on behalf of the owner and driver. 8. Counsel for the appellants in CMA No. 2413/2018 submits that the finding of the learned Tribunal with regard to violation of policy conditions is contrary to the settled provisions of law. It is submitted that along with the application under Order 41 Rule 27 CPC the copies of the permit No. 003337 and No. 0046768 and verification report of the bus in question have been filed as Annexure-A, B & C. From perusal of the aforesaid documents, it appears that the finding of learned Tribunal that at the time of accident, there was no route permit of the bus of the appellant is erroneous, thus the learned Tribunal has wrongly held that the appellants have violated the policy conditions and fastened the liability upon the appellants to pay the compensation to the claimant and thereby committed gross error in exonerating the respondent-Insurance Company from its liability. 9. Counsel for the respondent-Insurance Company submits that the learned Tribunal has come to the conclusion that on the date of accident, the vehicle was not allowed to ply in Rajasthan. In the present matter, the documents filed along with the application under Order 41 Rule 27 CPC were not produced before the Tribunal by the appellants and now at this stage they cannot be permitted to file these documents in evidence. Counsel submits that the learned Tribunal has not committed any error in exonerating the Insurance Company from its liability and rightly held the appellants liable to pay the compensation to the claimants. 10. Heard the learned counsel for the parties and perused the impugned judgment and award passed by the learned Tribunal. 11. It is settled position of law that if the vehicle was found to be plied on a route without valid permit, then it may be a case of violation of conditions of permit but it cannot be said that by such act alone there occurs a breach of conditions of the insurance policy. The learned Tribunal while deciding the issue No. 3 has not considered this aspect of the matter. In such circumstances, it would be just and proper to set aside the finding of issue No. 3 and remand the matter back for fresh decision on this issue by the Tribunal after considering the aforesaid documents. 12. The learned Tribunal while deciding the issue No. 3 has not considered this aspect of the matter. In such circumstances, it would be just and proper to set aside the finding of issue No. 3 and remand the matter back for fresh decision on this issue by the Tribunal after considering the aforesaid documents. 12. In view of above, the impugned judgment and award dated 03.08.2018 passed by the learned Motor Accident Claims Tribunal, Chittorgarh is set aside to the extent of finding of issue No. 3. The matter is remanded back to the learned Tribunal to decide the issue No. 3 afresh after hearing the parties and after considering the documents produced by both the parties within a period of three months from the date of receipt of certified copy this order. 13. Both the parties are directed to appear before the learned Tribunal on 23.09.2019. Office is directed to send back the record of the case forthwith. 14. Since the matter is remanded back to the Tribunal for passing fresh award, therefore the occasion for filing appeal for the appellants-claimants for enhancement of the compensation amount shall arise after passing of fresh award by the Tribunal. 15. In view of above, both the civil misc. appeals stands disposed of.