1. Appeal by the insurance company under Section 173(1) of the Motor Vehicles Act, 1988 (for short, the Act), to wriggle out of the joint liability in terms of the order and award dated 14-6-2010 passed in MVC No 544 of 2006, on the file of Addl Civil Judge & AMACT, Ranebennur, on the most frivolous and cantankerous ground of the person who was driving the vehicle – an autocab – permitted to carry three passengers in addition to the driver, was not duly licenced to drive that vehicle, though such person did hold a valid licence to drive a “transport vehicle” as endorsed on the very licence.

2. It is formaking home this contention, Sri S K Kayakmath, learned counsel for the appellant, has very vehemently contended that the condition of the policy was that the driver driving the vehicle covered under the insurance should hold a valid licence; that a defence to the effect that the driver did not hold a valid licence is available to the insurance company even in terms of the provisions of Section 149(2) (a) (ii) of the Act, reading as under:

149. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.-

(1) xx

(2) No sum sha