G. P. MITTAL, J.

1. In these Appeals a common question of law falls for consideration i.e. whether in case of a willful or intentional breach of the terms of the policy by the Insured in terms of Section 149 (2) (a) (ii) of the Motor Vehicles Act (the Act), would the Insurer still be liable to satisfy the award of compensation in favour of third parties and avail the right to recover the same from the Insured or whether Insurer would not be so liable, leaving the third party to enforce the award against the Insured/owner and driver of the offending vehicle?

2. It is urged by the learned counsel for the Insurers (the Insurance Companies) that once a willful breach is established, the Insurer can avoid the liability to pay even to third parties. In support of their argument, reliance is placed on Malla Prakasarao v. Malla Janaki & Ors.(2004) 3 SCC 343, National Insurance Company Limited v. Kusum Rai & Ors., (2006) 4 SCC 250; National Insurance Company Limited v. Vidhyadhar Mahariwala & Ors., (2008) 12 SCC 701; Ishwar Chandra & Ors. v. The Oriental Insurance Company Limited & Ors., (2007) 10 SCC 650; and Premkumari & Ors. v. Prahalad Dev & Ors., (2008) 3 SCC 193.

3. On the ot