JUDGMENT 1. In this appeal, the insurer disputes its liability to pay the compensation amount. 2. The accident was on 04.01.2007. The claimant sustained multiple injuries. The Tribunal awarded him Rs.1,55,000/- 3. According to the learned counsel for the appellant, the offending vehicle is a Minidoor Auto, a goods vehicle. The driver had LMV driving license (Ex.R.1). He did not have batch to drive that type of vehicle. There is violation of terms and conditions of policy. So, the company is entitled to avoid the liability. 4. On the other hand, the learned counsel for the 1st respondent would submit that the claimant is a third party, at the time of accident the policy was in force, in such circumstances, the Company cannot avoid its liability. 5. I have considered the rival submissions, perused the materials on record and the impugned award of the Tribunal. 6. The first and foremost point is whether on the date when the accident took place the policy was in force? There is affirmative answer from the learned counsel for the appellant. Next, whether there is any violation of the terms and conditions of the policy? The appellant answered positively. Then the question is whether for that the claimant has to be penalized? We say negatively. The reason being that he is a third party. The wrong doer is the vehicle owner/2nd respondent. He only allowed a person, who is not having the batch, to drive his goods vehicle. So, he is to be penalized by directing him to pay the compensation amount to the Company. But, before that as per law (Section 149 of the Motor Vehicles Act), the Company shall pay the amount to the claimant. Therefore, there shall be a direction to that effect. 7. In the result, there shall be modification in the award of the Tribunal. The appellant is entitled to recover the entire compensation amount from the 2nd respondent. For this, the appellant need not file any suit, but based on the direction in this appeal, it can file Execution Petition before Execution Court. The 1st respondent is permitted to withdraw the entire amount, less amount, if any already withdrawn. No costs. 8. The appeal is disposed of accordingly. No costs. Consequently, connected M.P. (MD) No.1 of 2010 is closed.