RAFIQ, J.—This appeal has been preferred by the appellant-insurance company against the award passed by the Motor Accident Claims Tribunal, Ajmer dated 23.11.2002 whereby an award of Rs.1,50,000 has been awarded to the claimants in a death claim. 2. Shri J.P. Gupta, learned counsel for the claimants-respondents at the outset submits that the award has been satisfied and the claimant respondents have already received the compensation, therefore, appeal be dismissed as having become infructuous. 3. Shri Tej Prakash Sharma, learned counsel for the appellant has submitted that in view of the finding of the Tribunal on issue no.3, the right of recovery may be granted to the appellant-insurance company. Learned counsel in this connection referred to issue no.3 and the finding recorded by the Tribunal on that issue that there was breach of policy conditions, therefore the appellant insurance company may be held entitled to recover the amount of compensation paid to the claimants from the owner of the vehicle. 4. Perusal of finding on issue no.3 indicates that the appellant-insurance company has in para 16 and 26 of the reply to the claim petition raised the issue that the driver did not have the valid licence and vehicle did not ply on valid permit and registration, but the learned Tribunal has observed that the appellant-insurance company did not adduce evidence on any of these aspects and that it is only when breach of any condition of policy is proved, insurance company can have the right of recovery from the owner. However, no definite finding of breach of any of conditions of policy has been given, therefore, the Tribunal cannot be held to have committed any error in not deciding that issue in favour of insurance company. I do not find any merit in this appeal. The appeal is therefore dismissed.