D.V. Shylendra Kumar, J.—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. It is for making 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. -

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(