DIPANKAR DATTA,ASHA ARORA,J. - (1.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereafter the 'Act') is directed against the award dated February 16, 2006 passed by the Motor Accident Claims Tribunal-cum-Judge, Special Court (Essential Commodities Act), Burdwan in M.A.C. Case No.158 of 2005, registered on an application under section 166 of the Act. While allowing the claim application filed by the heirs of the deceased victim (hereafter the 'victim'), who was aged about 20 years, the tribunal awarded Rs. 3,62,000/- as compensation. The insurer of the matador (truck) (hereafter the 'offending truck') involved in the accident which caused the accident taking away the life of the victim was directed to make payment of the said amount within 90 days, failing which the compensation would carry interest @ 9% per annum from the date of filing of the claim application till realisation. The appellant-insurer, feeling aggrieved by such award, is in appeal before us.
(2.) The appellant-insurer is represented by Mr. Das, learned advocate whereas Mr. Roy, learned advocate appears for the claimants-respondents 1 and 2. None appears on behalf of the respondent no. 3, owner of the offending truck although it appears from the records that vakalatnama had been filed on his behalf by Mr. Khairul Alam, learned advocate.
(3.) Mr. Das has questioned the award by relying on grounds I to VI of the memorandum of appeal. Having perused such grounds, we find that the appellant-insurer sought to evade liability on the ground that the offending truck was authorised to carry goods and not carry passengers and by allowing the same to be used for a purpose not authorised by the policy of the insurance that the respondent no. 3 had bought, there was clear breach of the terms and conditions of the policy and, therefore, the tribunal ought to have held the respondent no. 3 liable to compensate the heirs of the victim.;