Koshy, J.

This appeal is filed by the insurance company. Contention raised by the insurance company was that the driver of the offending vehicle insured by it had no valid driving licence. As per the charge sheet the earlier licence expired before the date of accident, that is, 5.1996. It was renewed only on 5.1996. Therefore, according to the appellant, on the date of accident, there was no driving licence. The Apex Court in Narcinva V. Kamat and another v. Alfredo Antonio Doe Martins and others (1985 ACJ 397 SC) held as follows:

"12. It is contended on behalf of the insurance company that the second appellant did not have a valid driving licence. It is the insurance company which complains that there has been a breach of one of the important terms of the contract of insurance as evidenced by the policy of insurance (the whole of which was not shown to us) and that the second appellant who was shown to be driving the vehicle at the relevant time, did not have a valid driving licence to drive the pick-up van. The insurance company complains of breach of a term of contract, which would permit it to disown its liability under the contract of insurance. If a breach of a ter