JUDGMENT : M.D. SHAH, J. 1. By this appeal, the appellant herein original opponent No. 2 has challenged the judgment and award dated 28.04.2005 passed by the learned Commissioner for Workmen Compensation, Labour Court, Anand in W.C. Application No. 9 of 1993. Applicants filed application for getting compensation on account of accident which took place on 09.06.1985. It is the case of the claimants that deceased was driver and on the date of accident he was driving the vehicle owned by original opponent No. 1. While driving the vehicle, deceased met with accident and as a result, deceased died. After considering oral and documentary evidence on record, learned Labour Court, Anand by judgment dated 28.04.2005 partly allowed the Workmen Compensation application and awarded compensation of Rs. 83,968/- in favour of the original applicants. Against the said award, original opponent No. 2 has preferred this appeal. 2. It is submitted by Ms. Jarna Pandya, learned advocate appearing for Ms. Bhayya, learned advocate for the appellant herein original opponent No. 2 that policy was for the period between 01.04.1985 to 31.03.1986 and amount of premium was paid by way of cheque by owner of the vehicle in favour of the appellant Insurance Company but the said cheque was dishonoured on 17.04.1985 and as the amount is not paid towards premium, policy is cancelled by letter dated 24.04.1985. Therefore, it is requested to allow the appeal. 3. Heard learned advocates for the respective parties. This Court has gone through the judgment and award dated 28.04.2005 passed by the learned Trial Court together with oral as well as documentary evidence on record. Accident took place on 09.06.1985 and in the said accident, driver of the offending vehicle died. It is pertinent to note that when accident took place, policy was not in force. Therefore, insurance company is not liable to pay compensation. 4. Facts of the present case are similar to the facts of Deddappa and Others vs. The Branch Manager, National Insurance Co. Ltd. (2008) 2 SCC 595 . 5. Considering evidence on record and the fact that policy was not in force when the accident took place and in light of the above referred judgment delivered by the Apex Court, claim against the insurance company is required to be dismissed. In view of the above, this appeal is allowed. The claim petition is dismissed qua original opponent no. 2- insurance company. In view of the above, this appeal is allowed. The claim petition is dismissed qua original opponent no. 2- insurance company. The judgment and award dated 28.04.2005 passed by the learned Labour Court, Anand in W.C. Application No. 9 of 1993 is hereby quashed and set aside is dismissed against original opponent No. 2. It is clarified that the amount, if any, is paid to the applicants in pursuance of the order passed by this Court will not be recovered by the insurance company from the original applicants and the insurance company is at liberty to recover from the owner of the vehicle. The amount, if any, deposited by the insurance company in pursuance of the order passed by this Court and lying with the bank in fixed deposit will be refunded to the present applicant-insurance company with interest. It is clarified that the claim petition is dismissed only qua opponent No. 2 and the judgment and award passed by the Labour, Anand against original opponent No. 1 is undisturbed and the applicants are at liberty to recover the amount from the owner of the vehicle. Office is directed to send the Record & Proceedings to the learned Tribunal forthwith.