K.SREEDHAR RAO, J. - (1.) NOTICE to R1(c) in MFA 992/03 by way of paper publication is accepted. Both the cases arise out of the same accident.
(2.) THE writ petition is filed against the order passed by this Court in CRP 545/03, which came to be dismissed on the ground that the revision is not maintainable. Hence, the writ is filed challenging the judgment and award in MVC 1431/97. MFA 992/03 pertains to MVC 1417/97. The petitioners are the inmates of the jeep bearing registration No. MH- 10/C-0846, which met with the accident. The Tribunal awarded compensation to the petitioners and directed the owner and insurer to pay the compensation. The insurer is in appeal seeking avoidance of the liability on the ground that there is violation of permit conditions. The Tempo-trax is a private service vehicle. The evidence adduced discloses that the petitioner in MVC 1417/97 was travelling as fare paid passenger.
(3.) IN view of the violation of permit conditions it is argued that the insurer is not liable. The policy of insurance is a comprehensive policy, which covers the risk of the inmates of the vehicle maximum to an extent of Rs. 1 lakh per passenger under P.A. Cover.;