Review Application No. 630/2009 Delay Condonation Application No.1513/2010 In AO No. 289 of 2008 Hon’ble B.C. Kandpal, J. Sri Manish Dalakoti, Advocate holding brief of Sri D.S. Patni, Advocate for the appellant. Sri Hari Mohan Bhatia, Advocate for the claimants/respondents no. 1 to 5. Heard learned counsel for the applicants/claimants on Delay Condonation Application and perused the affidavit filed in support thereto. I find sufficient ground to condone the delay in filing the review application. Accordingly, Delay Condonation Application is allowed. The delay in filing the review application is hereby condoned. Also, heard learned counsel for the parties on Review Application and perused the record. I have given sufficient reasonings in my judgment dated 21.7.2009 thereby declining the justification in giving the recoverable rights to the insurance company. My view in the judgment is substantiated by the judgment of the Hon’ble Apex Court reported in 2008 (2) SCC 205. In view of the decision of the Hon’ble Apex Court, it is quite clear that once the deceased was travelling as a gratuitous passenger and was not authorized to travel in the tractor at the time of accident, then there was a breach of condition of the insurance policy and under these circumstances, I was justified in holding that insurance company is not liable to pay the amount of compensation and it would be the duty of the owner to pay the amount of compensation awarded. Accordingly, I do not find any ground in the review application. Review Application is dismissed. (B.C. Kandpal, J.) 19.03.2010 SP