1. - The present appeal has been filed against the judgment and order dated 3.3.2011 passed by the learned Judge, MACT, Banswara to the extent vide which the insurance company is made liable. While praying for-setting aside the impugned award to the extent of the liability of the insurance company, learned counsel for the appellant submitted that at the time of accident, the driver of the offending vehicle Shiv Singh was having licence only up to 14.2.2000. After the date of the accident, the driver has got renewed his licence on 9.9.2005 to 8.9.2008. Thus, the driver did not have licence on the date of the accident. As such, the appellant insurance company deserves to be exonerated.

2. Learned counsel for the respondents did not dispute the factual position but submitted that Section 149 imposes duty on the insurer. Sub-section (2) of Section 149 gives the right to the insurance company in case there is breach of the condition of policy. The sub-clause (ii) of sub-section (2) of Section 149 which reads (ii) a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtainin