Neutral Citation No. - 2025:AHC:113564 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1557 of 2025 Appellant :- The Oriental Insurance Company Limited Respondent :- Vijay Kumar And 2 Others Counsel for Appellant :- Ajay Singh Hon'ble Saral Srivastava,J. 1. Heard Sri Ajay Singh, learned counsel for the appellant. 2. The present appeal has been preferred by the appellant- insurance company challenging the award dated 27.02.2025 passed by the Presiding Officer/Motor Accident Claims Tribunal, Aligarh (hereinafter referred to as 'Tribunal') in M.A.C.P. No.836 of 2023 whereby the Tribunal has awarded Rs.7,36,000/- along with 7% interest as compensation to the claimant/respondent no.1. 3. Challenging the aforesaid award, learned counsel for the appellant has contended that the owner has committed breach of insurance policy as on the date of alleged accident, the offending vehicle was being plied without valid permit, therefore, the 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 with regard to breach of insurance policy is misconceived in view of the judgement of of Apex Court in the case of Swaran Singh (supra) and is hereby rejected. 6. Accordingly, the appeal lacks merit and is hereby dismissed with no order as to costs. Order Date :- 15.7.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad