J U D G M E N T

This is an appeal preferred against the award of the Claims Tribunal, North Paravur in OP(MV)No.418/2002. The claimant, who sustained injuries in a road accident, has been awarded a compensation of Rs.28,200/= with 7% interest. The 3rd respondent insurance company was directed to deposit the amount and get it recovered from respondents 1 and 2 jointly and severally. It is against that decision, the insurance company has come up in appeal. 2. The short point that arises for determination is whether the insurance company can be directed to pay any amount at all in the light of the fact that the vehicle involved in the accident was covered by only an Act only policy. I am afraid that the Tribunal had given an erroneous finding directing the insurance company to pay and recover the amount from the owner and driver. The direction to pay and recover arises in cases where there is a valid insurance policy covering the risk of the person and there is a breach committed by the owner regarding the conditions of the policy or in other words the right to recovery is granted only on breach of conditions of the policy. So far as the present policy is concerned, admittedly it is a