Neutral Citation No. - 2025:AHC:101213 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 2148 of 2017 Appellant :- Cholamandalam M.S. General Insurance Co. Ltd. Respondent :- Tahir And 5 Others Counsel for Appellant :- Anurag Sharma,Pranjal Mehrotra Counsel for Respondent :- Anurag Sharma,Syed Ali Imam Hon'ble Saral Srivastava,J. Order on Order-sheet:- It is informed that in the instant case, the claimant/respondent No.2 has died and no substitution application has been filed by the appellant. In such view of the fact, the appeal is abated as against the respondent No.2. Order on Appeal:- 1. Heard learned counsel for the appellant and learned counsel for the respondents. 2. The present appeal has been preferred by the appellant- insurance company challenging the award dated 01.04.2017 passed by the Motor Accident Claims Tribunal, Muzaffarnagar (hereinafter referred to as 'Tribunal') in M.A.C.P. No.129 of 2013 whereby the Tribunal has awarded Rs.25,10,456/- along with 7% 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. Canter No.DL1M/4903 was driven by its driver not holding a valid driving licence, Tribunal should have absolved the insurance company from paying 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 the judgement of Apex Court in the case of National Insurance Company Ltd. Vs. Swaran Singh & Others, AIR 2004 SC 1531 wherein Apex Court has held that in case of breach of terms and conditions of policy, the insurance company should pay the award and thereafter recover it from the owner of the vehicle. 5. Thus, the contention of learned counsel for the appellant is misconceived in view of the judgement of of Apex Court in the case of Swaran Singh (supra). 6. Accordingly, the appeal lacks merit and is accordingly, dismissed with no order as to costs. Order Date :- 1.7.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad