1 S.B. Civil Misc. Appeal No.1565/2007 The New India Assurance Co. Ltd. vs. Smt. Anoop Kanwar & Ors. S.B. Civil Misc. Appeal No.1565/2007 The New India Assurance Company Ltd. vs. Smt. Anoop Kanwar and others. Date : 19.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Jagdish Vyas, for the appellant. Mr.Pradeep Shah, for the respondents. Nobody appeared on behalf of the respondents no.10 & 11. - - - - - Heard learned counsel for the parties. The appellant insurance company is aggrieved against the award dated 5.2.2007 by which the Motor Accident Claims Tribunal, Jaisalmer held that the appellant insurance company is liable to pay the compensation amount to the claimants/ respondents. As per the facts, the driving license of the driver of the vehicle was valid from 30.12.2000 to 29.12.2003, the accident occurred on 8.7.2005 and the Tribunal held that the driver has not been declared disqualified to drive the vehicle, therefore, the insurance company is liable. 2 S.B. Civil Misc. Appeal No.1565/2007 The New India Assurance Co. Ltd. vs. Smt. Anoop Kanwar & Ors. The reason given by the Tribunal is on the face of it absolutely contrary to law. Since the driver had no valid driving license at the time of accident, the insurance company is not liable to pay or reimburse the compensation amount. In view of the above, this appeal is allowed and it is held that the appellant insurance company is not liable to pay or reimburse the compensation amount awarded by the Tribunal. If the appellant company has paid any amount against the impugned award dated 5.2.2007, then it will be entitled to recover the amount from the owner of the vehicle. However, if the claimants have not received the award amount, then they shall be entitled to recover the amount from the owner and driver of the vehicle. (PRAKASH TATIA), J. S.Phophaliya