1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR IFFCO TOKIO General Insurance Company Ltd. V/s. Parmanand Meena & Anr. (S.B. CIVIL MISC. APPEAL No.1419/2010) S.B. Civil Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 Date of Order :: May 12, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr. B.C. Rawat for the appellant. The appellant Insurance Company has challenged the award dated 29.01.2010 passed by the Additional District Judge (Fast Track) No.9, Jaipur City, Jaipur (hereinafter referred to “the learned Tribunal”), whereby the learned Tribunal has awarded a compensation of Rs.77,717/- to the claimant- respondent for 10% of disability suffered by him in a motor vehicle accident. The learned counsel for the appellant has contended that once the learned Tribunal had concluded that the motorcycle driver did not have a valid driving licence for driving the motorcycle, it could not have directed that the compensation amount be paid by the Insurance Company and could not have given the recovery rights to the Insurance Company. 2 Heard the learned counsel for the appellant and perused the impugned award. In the case of National Insurance Company Ltd. V/s. Swaran Singh & ors. [(2004) 3 SCC 297], the Hon'ble Supreme Court has clearly held that in case of breach of policy condition, the Insurance Company can be directed to pay the compensation amount and the recovery rights shall be given to the Insurance Company. In the present case, the recovery rights have been given to the Insurance Company. Thus, the Insurance Company cannot claim that it will suffer any financial loss due to the payment of the compensation amount. Therefore, the contention raised by the learned counsel for the appellant is untenable. For this reason, this appeal is, hereby, dismissed. (R.S.CHAUHAN)J. A.ASopa/-