JUDGMENT : N. Prusty, J. - Even though the matter is listed for orders, Learned Counsel for both the parties submit that the same can be disposed of at this stage, since the sole ground of challenge in this appeal is with regard to the liability of the Insurance Company, for payment of the awarded amount indemnifying the owner of the vehicle, even though the driver of the vehicle was not having a valid Driving Licence which is violative of the terms and conditions of policy. 2. This appeal has been filed by the opposite party No. 2/lnsurance Company challenging the award-dated 11.08.2004 passed by the Learned 1st Additional District Judge-cum-1st Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 1085 of 2001, filed by the claimant/Respondent Nos. 1 to 4, who are the father, mother, brother and sister of one Rashmi Ranjan Swain who died on 5.10.2001 in a road accident caused on 4.10.2001, due to rash and negligent driving of the driver of a Mini Truck bearing Registration No. OR-OS 8-8542. 3. The case of the claimant/Respondents is that at the time of accident/death, the deceased was about 29 years and was earning Rs. 15,000/- per month as 'A' Class Contractor. The Claimant/Respondent Nos. 1 to 4 had claimed Rs. 20,00,000/- as compensation. In support of their case, the claimants have examined three witnesses and exhibited certain documents. On the other hand, the Insurance Company and the owner of the vehicle did not examine any witness in support of their contention. However the opposite party No. 2/lnsurance Company had filed two documents namely copy of the communication dated 6.8.2002 and Xerox copy of the policy, i.e. Exts. A and 8, respectively. 4. The Tribunal taking into consideration all the facts and materials available on record, both oral and documentary, awarded compensation of Rs. 4,80,000/ - applying multiplier 8, together with cost of Rs. 500/- and interest at the rate of 6% per annum from the date the claimants got ready for hearing of the case, ie. 29.7.2003 till the date of realization, assessing income of the deceased to be Rs. 1,00,000/- per year and directed opposite party No. 2/lnsurance Company (Appellant) to pay the amount indemnifying the owner of the vehicle, since the vehicle was insured with it at the time of the accident. 5. Heard Dr. A.K. Rath, Learned Counsel for the Appellant and Mr. 29.7.2003 till the date of realization, assessing income of the deceased to be Rs. 1,00,000/- per year and directed opposite party No. 2/lnsurance Company (Appellant) to pay the amount indemnifying the owner of the vehicle, since the vehicle was insured with it at the time of the accident. 5. Heard Dr. A.K. Rath, Learned Counsel for the Appellant and Mr. L. Samantroy, Learned Counsel for Respondents 1 to 4. Dr. Rath, Learned Counsel appearing on behalf of Appellant/Insurance Company forcefully submitted that the Insurance Company is not liable to pay the Compensation indemnifying the owner of the vehicle, since the driver of the offending vehicle was not having a valid driving licence at the item of the accident and as such the owner of the vehicle has violated the terms and conditions of the policy. The sine-qua-non for fastening the liability on the insurer, is that the driver of the offending vehicle must have a valid and effective driving licence at the time of the accident. In the instant case the same being absent, the insurer has to be exonerated from its liability. In the instant case it is the owner of the vehicle who is only liable to satisfy the award. Further more since right to reimburse the amount of award from the owner of the vehicle has not been given, the judgment is vitiated. These submissions are strongly repudiated by Mr. Samantaray, Learned Counsel for the Respondent Nos. 1 to 4. 6. It is submitted by the Respondents that the Tribunal has correctly awarded the amount of compensation as per the entitlement of the claimants keeping in view the evidence on record with regard to the occurrence, age and income of the deceased and his contribution to the family and finally directed the Insurance Company to pay the amount. So far as violation of the terms and conditions of the policy is concerned, law is well settled in this regard by the Hon'ble Apex Court in a series of decisions including the decision in the case of New India Assurance Company Ltd. v. Kamala and Ors. So far as violation of the terms and conditions of the policy is concerned, law is well settled in this regard by the Hon'ble Apex Court in a series of decisions including the decision in the case of New India Assurance Company Ltd. v. Kamala and Ors. reported in 2001 (2) TAC 243 (SC) and following the above said decision of the Hon'ble Apex Court, the Insurance Company can be directed to pay the compensation amount with liberty to proceed against the owner of the vehicle for realization of the same, in accordance with law, in case the terms and conditions of the policy have been violated by the owner. 7. I have heard Learned Counsel for the respective parties at length. Perused the materials available on record. In my considered view the award is just, proper and adequate/equitable to meet the ends of justice. So far as payment of the compensation amount satisfying the award is concerned, it is only the Insurance Company, who is to indemnify the owner of the vehicle, in case the vehicle was insured with it. So far as violation of terms and conditions of the policy is concerned, the Insurance Company (insurer) shall have to pay the awarded amount with cost, interest, etc. to the third party and shall be at liberty to proceed against the owner of the vehicle (insured) for realization of the amount paid by it to the claimants/third party, in case the terms and conditions of the policy are violated. Not possessing valid Driving License definitely amounts to breach of policy condition as has been held by the Hon'ble Apex Court in a catena of decisions. In consonance with the ratio of decision of the Apex Court vis-a-vis Section 149(4) of the M.V. Act, the poor claimants should not also suffer for such breach of policy condition and as such, in such cases the Appellant Insurance Company ought to be directed to pay the amount of compensation with liberty to realize the same from the owner of the offending vehicle in accordance with law. As such in the instant case the Appellant/Insurance Company shall pay the compensation amount along with up-to-date accrued interest and cost with liberty to proceed against the owner of the vehicle Respondent No. 5 for realization/recovery of the sum deposited by it, in accordance with law, for violation of the terms and conditions of the policy. As such in the instant case the Appellant/Insurance Company shall pay the compensation amount along with up-to-date accrued interest and cost with liberty to proceed against the owner of the vehicle Respondent No. 5 for realization/recovery of the sum deposited by it, in accordance with law, for violation of the terms and conditions of the policy. 8. In view of the above the Appellant Insurance Company is directed to deposit entire awarded amount of Rs. 4,80,000/- along with interest on the same at the rate of 6% per annum from the date of filing of the claim application in 2001 till the date of realization/actual deposit, in the Trial Court within a period of eight weeks from today. Immediately after the entire amount, as directed above is deposited, 30% of such deposit shall be disbursed in favour of the claimant-Respondents 1 to 4 proportionately, as would be determined by the Learned Tribunal, keeping the balance 70% of the amount in unencumberable fixed deposit in their respective names for a term of six years in the same proportion and no loan of any kind shall be sanctioned/disbursed in their favour by the concerned Bank during the entire period for which the money is kept in fixed deposit. 9. As stated earlier, liberty is also given to the Appellant Insurance Company to proceed against the owner of the vehicle for realization of the entire awarded amount deposited by it, in accordance with law, for violation of terms and conditions of the policy by the insured/owner of the Vehicle/Respondent No. 5, if any. 10. After the entire awarded amount along with interest is deposited before the Tribunal as directed above, the deposits which have already been made by the Appellant-Insurance Company before this Court along with up-to-date interest accrued thereon, be refunded to the Appellant on proper application. 11. The appeal is accordingly disposed of with the above modifications. 12. Appeal disposed