1. Is the insurer absolved of the liability to indemnify the insured merely because the driver's licence had not been renewed on the date of the accident? This is the short question.

2. Facts are not in dispute. The accident occurred on 23.5.1997. Ext.P1 insurance policy was subsisting as on the said date. The third respondent, who was riding the scooter having registration No.KL-7/A-9171 had a driving licence. Its validity period expired on 30.11.1996. He renewed it later, on 18.6.1997. As on the date of accident, he did not have a valid driving licence, according to the appellant. Therefore, the appellant did not have the liability to indemnify the owner, the appellant submitted. A person without an effective and valid driving licence is not duly licenced. Consequently there was breach of the terms and conditions in the policy. On the basis of this violation of policy conditions, the insurer can plead immunity from the liability to indemnify the insured. Policy contained a condition that only those having "an effective and valid driving licence" alone can drive the vehicle. In this case the rider did not have an effective and valid licence as on the date of the acciden