1 S.B. Civil Misc. Appeal No.2132/2007 National Insurance Co. Ltd. vs. Smt. Bhagali & Ors. S.B. Civil Misc. Appeal No.2132/2007 National Insurance Company Ltd. vs. Smt. Bhagali and others. Date : 14.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Sanjeev Johari, for the appellant. Mr.BS Sandhu ) for the respondents. Mr.RC Joshi ) - - - - - Heard learned counsel for the parties. The only point involved in this appeal is whether the appellant insurance company is liable to pay/reimburse the award amount in a case where at the time of accident, the driver had no valid driving license. In this case, the accident occurred on 23.1.2005 and the license of the driver driving the vehicle expired on 28.9.1993 and his license was got renewed after accident on 25.1.2005. 2 S.B. Civil Misc. Appeal No.2132/2007 National Insurance Co. Ltd. vs. Smt. Bhagali & Ors. In view of the judgment of the Hon'ble Supreme Court delivered in the case of Ishwar Chandra and others vs. Oriental Insurance Co. Ltd. and others reported in (2007) 10 SCC 650, the issue is no more res integra, hence, the appellant is not entitled to pay the compensation amount under the award dated 15.6.2007 passed by Motor Accident Claims Tribunal cum Labour Court, Sri Ganganagar in claim case no.103/05. In case, any amount has been paid to the claimant by the insurance company, that will be recoverable from the owner of the vehicle. In view of the above, this appeal is allowed. (PRAKASH TATIA), J. S.Phophaliya