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4. The brief facts of the case of the claimants and the insurance company in these appeals are as under:

On 19.02.2020, the claimants were traveling from Haveri to Bengaluru in a bus bearing registration No.KA.42/9024. When the bus reached near Kunchiganal village, Chitradurga taluk, on National Highway-4 during midnight the driver of the bus drove the same in high speed, rash and negligent manner and hence he lost his control over the bus when he was overtaking the lorry bearing registration No.KA.27/C.0844 dashed the bus against the road divider and the bus toppled on the right side of the road. Due to the said impact, the claimants sustained severe injuries and they were shifted to Government Hospital and Basaveshwar Hospital, Chitradurga and Mc-Gann Hospital, Shivamogga. Hence, the first informant lodged the complaint and this leads to registration of FIR and investigation.

6. Being aggrieved by the judgment and award passed by the Tribunal, the insurer of the offending vehicle filed the aforementioned appeals and contended that, the owner of the bus obtained contract carriage to ply the bus from Haveri to Bengaluru but he used the permit as stage carrier thereby violated the condition of the permit and therefore the Insurance Company is not liable to pay any compensation.

7. Learned counsel for the insurance company also contended that, the Tribunal has granted compensation on

11. The Insurance Company has taken up the contention that, the owner of the bus secured permit for contract carriage. But some of the claimants/passengers were travelled in the bus from Haveri to Bengaluru and some passengers were alighted from the bus in Ranebennur, Byadagi, Harihara and Davanagere. Hence, the owner of bus used the contract carriage permit as stage carriage permit and hence, there was a breach of policy condition and thus, the owner of the bus is liable to pay entire compensation and not the Insurance Company.