JUDGMENT Sureshwar Thakur, J. - The Insurer of the offending vehicle, has, instituted the instant appeal before this Court, where through, it, casts, a, challenge, upon, the award pronounced by the learned Commissioner (under Employees Compensation Act, 1923), Kinnaur District At Reckong Peo, H.P., upon, Claim Petition No. 5-2 of 2013, (i) where under, compensation amount comprised, in, a sum of Rs. 8,59,280/-- along with interest accrued thereon, at the rate of 12% per annum, and, commencing from, 1.10.2010 till realization thereof, stood, assessed, vis-avis, the successors-in-interest of the deceased employee, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer/appellant herein. 2. The learned counsel appearing for the insurer/appellant herein, does not contest, the validity of the findings, rendered by the learned Commissioner, vis-a-vis, (a) the demise of Soni Mehta, hence, occurring, during the course of his performing, his employment under his employer. However, the learned counsel appearing or the appellant/insurer, has contended (i) that the fastening of apposite indemnificatory liability, upon, insurer being ill-founded, (ii) given the offending vehicle, hence not, in contemporaneity with the ill-fated occurrence, rather possessing a valid registration certificate, and, fitness certificate, for, hence it being plied on the relevant road, (iii) thereupon, hence fundamental breach, of, the terms and conditions of the insurance policy, obviously surging forth, (iv) and, conspicuously with the temporary registration certificate, as, issued by the licencing authority concerned, vis-a-vis, the offending vehicle, being valid only up to 23.07.2010, and, where after, the owner of the offending vehicle, not, ensuring hence issuance qua the offending vehicle, a valid registration certificate, rather by the registering authority concerned 3. The afore espousal reared by the learned counsel for the appellant, before this Court, is, embedded, upon, Section 39 of the Motor Vehicles Act, provisions whereof stand extracted hereinafter:- "39. The afore espousal reared by the learned counsel for the appellant, before this Court, is, embedded, upon, Section 39 of the Motor Vehicles Act, provisions whereof stand extracted hereinafter:- "39. Necessity for registration.-No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner" (i) and, when apparently, the afore contention is well founded, upon, an imperative statutory necessity cast therein, upon, the owner to after expiry of the temporary registration, number, as, assigned, vis-a-vis, the offending vehicle by the licencing authority concerned, to, hence, apply, for his/hers being granted, a, permanent registration certificate, qua, the, apposite vehilce, (ii) and, with there being no endeavour in the afore regard, by the owner of the offending vehicle, besides when in contemporaneity, vis-a-vis, the ill-fated mishap hence involving the offending vehicle, rather taking place, hence, thereat the apposite temporary registration certificate, rather expiring, (iii) thereupon, the apt indemnificatory liability, vis-a-vis, the compensation amount being not amenable for its being fastened, upon, the insurer. 4. For the foregoing reasons, the appeal filed by the insurer is allowed, and, the impugned award, is, in the aforesaid manner, hence modified. Consequently, the liability to defray the compensation amount is fastened, upon, the owner of the offending vehicle i.e. Smt. Devpati, respondent No.4 herein. All pending applications also stand disposed of. Records be sent back forthwith.