Heard both sides. Challenge to the award under section 167 of the Motor Vehicles Act by original respondent No.2 i.e. insurer is mainly on the ground that on the date of the accident, the insured had already transferred the vehicle in question to another person during subsistence of the contract of insurance between him and the insurer without intimation to the appellant. Therefore, according to learned Counsel for the appellant, there is a breach of terms and conditions of the policy. Second limb of argument is that the driver of the truck in question was not holding valid licence and even he was convicted for the same.

2. Mr. S.S. Thombre, learned Counsel for the original claimants i.e. respondent Nos.3,4 & 6 submits that the liability of insurance company upon transfer of the vehicle is not absolved in view of clear ratio laid down in the case of G. Govindan Vs. New India Assurance Co. Ltd. & Others, AIR 1999 SC 1398 and Rikhi Ram & Another Vs. Smt. Sukhrania & Others, AIR 2003 S.C. 1446(1). Further as regards the defence of absence of any valid licence with the driver of the truck involved in the accident, Mr. S.S. Thombre submits that the learned Tribunal has rightly