THE HON’BLE MR. JUSTICE ASHUTOSH MOHUNTA M.A.C.M.A. No.3445 of 2011 ORDER:- With the consent of the learned counsel on either side, the main appeal is taken up for admission and disposal. The insurance company has preferred the instant appeal challenging the award dated 29.01.2010, passed by the Motor Accidents Claims Tribunal-cum- I Additional District Judge, Srikakulam, in O.P.No.77 of 2006. Brieﬂy the facts of the case are that on 06.09.2004, the respondent/claimant boarded the oﬀending bus bearing No.AP-30 T-3282. When the bus reached near the land of Bodasingi Dali Naidu between Kancharam and Kothakancharam Villages at about 03.15 p.m., the bus, which was driven by its driver at very high speed, turned turtle and fell into the ﬁelds, as a result of which two persons died and the respondent along with 19 others sustained injuries. The respondent therefore ﬁled a claim petition seeking payment of compensation of Rs.50,000/- on account of the injuries suﬀered by him, which are as follows: “1) Abrasion of left leg ½ x ½ size. 2) Abrasion of left tibia ½” x ½ size. 3) Abrasion of left leg toe ½ x ¼ size. 4) Abrasion on left side abdomen ½ x ½ size. 5) Abrasion on chest ½ x ½ size. 6) Abrasion of left thigh ½ x ½ size.” The Tribunal, after going through the entire evidence adduced before it, both oral and documentary, held that the bus was driven by its driver in a rash and negligent manner and it accordingly awarded a compensation of Rs.13,000/- to the claimant on account of the injuries suffered by him. Counsel for the appellant submits that insurance company is not liable to pay the compensation, as the owner of the bus violated the policy conditions. On the other hand, counsel for the claimant submits that inasmuch as the bus in question was insured, the insurance company is liable to pay the compensation. It is a well settled proposition of law that when a valid insurance policy has been issued in respect of a vehicle as evidenced by a certiﬁcate of insurance the burden is on the insurer to pay to the third parties, whether or not there has been any breach or violation of the policy conditions. However, the amount so paid by the insurer to third parties as per the Award of the Tribunal can be allowed to be recovered from the insured if according to the insurer, it had no liability to pay such sum to the insured in view of the breach/violations of the policy conditions by the insured. In this regard, a reference may be made to a judgment of the Supreme Court in New India Assurance Co., Shimla vs. Kamla[1], wherein it was succinctly held thus: “25. T he position can be summed up thus: T he insurer and the insured are bound by the conditions enumerated in the policy and the insurer is not liable to the insured if there is violation of any policy condition. But the insurer who is made statutorily liable to pay compensation to third parties on account of the certiﬁcate of insurance issued shall be entitled to recover from the insured the amount paid to the third parties, if there was any breach of policy conditions on account of the vehicle being driven without a valid driving licence. ……” (Emphasis added) It is therefore manifest from the said judgment of the Supreme Court that if the insurer is of the opinion that it is not liable to pay the compensation awarded by the Tribunal to the injured claimant in view of the alleged breach/violation of the policy conditions by the insured, it shall ﬁrst pay the compensation as awarded to the injured claimant and then it is open to it to initiate necessary proceedings against the insured to claim such amount as was paid to the injured claimant. But, in any event, on that premise the insurer cannot be allowed to contend that it is not liable to pay compensation to the injured claimant as per the Award passed by the Tribunal. Having due regard to the law laid down by the Supreme Court and keeping in view the kind of injuries sustained by the claimant, the amount of compensation awarded by the Tribunal is just and appropriate. I, therefore, do not ﬁnd any valid reason to interfere with the Award passed by the Tribunal. The appeal fails and is accordingly dismissed. No costs. __________________________ ASHUTOSH MOHUNTA, J Date: 15.11.2011 ES [1] (2001) 4 SCC 342