Neutral Citation No. - 2025:AHC:82648 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 676 of 2012 Appellant :- The New India Assurance Co. Ltd. Respondent :- Smt. Qabila And Others Counsel for Appellant :- Ajay Singh Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the appellant. 2. The present appeal has been preferred by the appellant- insurance company challenging the award dated 14.12.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.1, Ghaziabad (hereinafter referred to as 'Tribunal') in M.A.C.P. No.608 of 2004 whereby the Tribunal has awarded Rs.2,59,100/- along with 6% interest as compensation to the claimants/respondents. 3. Challenging the aforesaid award, learned counsel for the appellant has contended that once Tribunal has recorded a finding that offending vehicle i.e. Truck No.M.H.-04-F-4658 was being driven by its driver not holding a valid driving licence, the Tribunal should have absolved the insurance company to pay any compensation. It is contended that direction of the Tribunal that insurance company shall pay the award and thereafter, recover it from the owner is illegal and not sustainable in law. 4. Be that as it may, the law on the point that if the owner has committed breach of insurance policy, the insurance company is liable to pay award and thereafter, recover it from the owner is settled by long line judgements of Apex Court as well as this Court. 5. In such view of the fact, the contention of leaned counsel for the appellant is misconceived and is hereby rejected. 6. Consequently, appeal lacks merit and is accordingly, dismissed with no order as to costs. Order Date :- 17.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad