JUDGMENT Pushpendra Singh Bhati, J. - This misc. appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant-Insurance Company claiming the following reliefs: "It is, therefore, prayed that the judgment and award passed by the learned MACT, Bikaner dated 6th Jan, 2001 may kindly be declared illegal and be set aside and it may be declared illegal and be set aside and it may be declared that the insurance company is not liable to make any compensation to the claimants. Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the facts and circumstances of the case may kindly be passed in favour of the appellant company." 2. Despite service, no one has put in appearance on behalf of the respondents, even in the second round. 3. The unfortunate accident had happened on 11.02.1997 at about 5:30 PM at Bikaner, when claimant Ramesh Harsh was travelling on a scooter alongwith his friend, and at that time, the same met with an accident with a Truck bearing registration No.RJ07 G 0024. 4. Learned counsel for the appellant-Insurance Company submits that the appellant being the insurer of the truck is not liable to pay the compensation on account of the fact that the truck driver was admittedly not having a valid driving license from 26.11.1996 to 28.07.1997 on account of non-renewal of the same. 5. Learned counsel for the appellant-Insurance Company has demonstrated from the record that on the date of accident i.e. on 11.02.1997, the driver of the insured truck was not possessing a valid driving license as the same had expired on 26.11.1996 and was not renewed until 28.07.1997. 6. Learned counsel for the appellant-Insurance Company has relied upon the precedent law laid down by the Hon'ble Apex Court in Ishwar Chandra & Ors. Vs. The Oriental Insurance Co. Ltd. & Ors.,2007 1 MACD(SC) 416 and submits that once the valid driving license is not there, the Insurance Company cannot be saddled with the liability. 7. 6. Learned counsel for the appellant-Insurance Company has relied upon the precedent law laid down by the Hon'ble Apex Court in Ishwar Chandra & Ors. Vs. The Oriental Insurance Co. Ltd. & Ors.,2007 1 MACD(SC) 416 and submits that once the valid driving license is not there, the Insurance Company cannot be saddled with the liability. 7. After hearing learned counsel for the appellant as well as perusing the record of the case, this Court is of the firm opinion that the precedent law of Ishwar Chandra (supra) shall apply in the present case and since the driver of the insured truck was admittedly not having a valid driving license from 26.11.1996 to 28.07.1997 on account of non-renewal, therefore, no liability of the Insurance Company can be arrived at. 8. In view of the above, the present misc. appeal is allowed to the extent that the appellant-Insurance Company is absolved of its liability towards the compensation awarded and such liability shall now be of the owner. The rest of the impugned order shall remain the same. However, if any amount has been paid by the Insurance Company, they have right to pay and recover the same from the owner. All the pending applications stand disposed of. Record of the leaned Tribunal be sent back forthwith.