(6) Having heard tearned senior counsel for the appellant, 1 have perused the impugned award. Under Section 2 (21) ofthe Motor Vehicles Act, 1988, a tight motor vehicte means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or roadroller the unladen weight of any of which, does not exceed [7,500] kilograms. Paragraph 12 of the impugned award, it clearly shows that the permit and registration certificate of the minibus revealed that the unladen weight of the minibus was 2225 kilograms and the gross weight was 5300 kilograms. In this view of the matter, the offending vehicle falls within the category of a light motor vehicle. Thus, in view of the undisputed facts mentioned in paragraph 4 (supra), the appeal fails. In view ofthe deciston of the Apex Court rendered in NaUonal Insurance Co. Ltd. Vs. Swaran Sinah and others reported in 2004 AIR SCW 663, it is now well settled that breach of any condition of the policy of insurance, if not fundamental in nature and not contributed to the accident, does not absolve the insurer from its liability to pay compensation.
