Judgement

THAKKAR, J. :- While in some States*1 a widow of victim of a motor vehicle accident can recover the amount of compensation awarded to her from the Insurance Company. in a precisely similar fact-situation she would be-unable to do so, in other States*2, conflicting views having been taken by the respective High Courts. The unaesthetic wrinkles from the face of law require to be removed by settling the law so that the same law does not operate on citizens differently depending on the situs of the accident. The question is whether the insurer is entitled to claim immunity from a decree obtained by the dependents of the victim of a fatal accident on the ground that the insurance policy provided a condition excluding driving by a named person or persons or by any person who is not duly licensed or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification," and that such exclusion was permissible in the context of Section 96(2)(b)(ii)*l for claiming immunity against the obligation to satisfy the judgments against the insured in respect of third party risks.

*1. Andhra Pradesh, Gujarat.

*2. Assam, Madhya Pradesh, Oriss