1. This appeal is directed against the award passed by Motor Accident Claims Tribunal, Anantnag, dated 02.03.2013, where-under an amount of Rs. 3,64,605/ has been awarded as compensation with interest @7.5% from the date of filing of claim petition. The appellant-insurance company has been fastened with the liability to indemnify. 2. During the course of arguments, the only ground projected by the counsel for the appellant is that there has been breach of policy condition, which would exonerate the appellant-company from its liability to indemnify i.e. the driver of the offending vehicle possessed license to drive Light Motor Vehicle but at the time of accident he was driving Heavy Motor Vehicle. Same was to the knowledge of the owner because the driver is brother of the owner. Supporting this contention, relied on the judgment Oriental Insurance Co. Ltd. v. Angad Kol & Ors ( AIR 2009 SC 2151 ). 3. The respondent No. 1.-claimant(a minor girl) on 09.04.2008, was on her way to home when she was hit by the offending vehicle bearing registration No. JK03A-4241(TATA 407), at Mattan Adda, she suffered multiple injuries, was shifted to District Hospital, Anantnag wherefrom she was shifted to SMHS Hospital, Srinagar where she remained admitted for four days. Then again, she was shifted to Bone & Joint Hospital, Srinagar where she remained admitted up to 18.04.2008. Both of her legs remained plastered for about five months. She had to visit Srinagar for medical check-up after every 15 days, which involved a lot of expenditure. She is not still in a position to walk freely. The learned Tribunal after recording evidence has passed the impugned award. 4. Contention of the learned counsel that the appellant-insurance company is not liable to indemnify has been dealt with by the learned Tribunal while deciding issue No. 3. Relying on the principle laid down in the judgment National Insurance Company Ltd. v. Swaran Singh and Ors, 2004 ACJ I, learned Tribunal has concluded that the insurance company has not been able to prove that the insured was guilty of negligence and failed to exercise reasonable care in the matter of fulfilling the conditions of the policy regarding use of vehicle by a duly licensed driver. 5. Learned counsel would submit that the insurance company has fully established that the driver did not possess license to drive a Heavy Motor Vehicle. 5. Learned counsel would submit that the insurance company has fully established that the driver did not possess license to drive a Heavy Motor Vehicle. The appellant company had produced two witnesses, namely, ARTO and the Investigating Officer of the company who have stated that the driver at the time of accident was driving vehicle TATA 407 bearing registration No. JK03A-4241 but was not having license to drive commercial vehicle. They have further stated that the driving license issued in favour of driver bearing No. 10295/MVD /Ang dated 05.04.2007 was verified by ARTO and was found to be a license authorizing the driver to drive Light Motor Vehicle only. Though the learned Tribunal has recorded this fact in the impugned award but despite that has held that it was for the insurance company to prove that the owner while engaging the driver for driving the vehicle had not exercised due care and caution but same position is not acceptable as on the one hand driver was brother of the owner, he was supposed to know as to what type of license the driver is possessing. Secondly, it is fully established that the driver possessed the license to driver Light Motor Vehicle which in clear terms is violation of the policy condition. The insurance company has discharged the onus. 6. In the judgment Oriental Insurance Co. Ltd. v. Angad Kol & Ors. ( AIR 2009 SC 2151 ), it was noticed that the driver of the offending vehicle had license to drive light motor vehicle and not transport vehicle, therefore, breach of condition of insurance was apparent on the face of the record. On such basis insurer was directed to deposit the compensation amount with liberty to recover the same from the owner and driver of the vehicle. 7. In the judgment National Insurance Co. Ltd. v. Vidyadhar Mahariwala & Ors, ( AIR 2009 SC 208 ) rendered by the Hon'ble Apex Court, while referring to various judgments including the judgment in Swaran Singh's case, for breach of policy conditions, the insurance company has been exonerated from its liability to indemnify. In the case in hand, position is quite clear that the driver of the offending vehicle possessed license to driver Light Motor Vehicle and not Heavy Motor Vehicle. It being so, breach of policy condition is established, appellant-insurance company, as such, is exonerated from its liability to indemnify. 8. In the case in hand, position is quite clear that the driver of the offending vehicle possessed license to driver Light Motor Vehicle and not Heavy Motor Vehicle. It being so, breach of policy condition is established, appellant-insurance company, as such, is exonerated from its liability to indemnify. 8. The awarded amount has been deposited, therefore, same shall be released in favour of the claimant strictly in accordance with the terms of the award. Appellant-insurance company shall be at liberty to initiate proceedings for recovery of the amount from the owner and driver of the offending vehicle. 9. Appeal succeeds, so shall stand disposed of as above. 10. Copy of the judgment be certified to the Tribunal for information.