1. Interpretation of section 149(2) (a) (ii) vis-a-vis, the proviso appended to sub-sections (4) and (5) of the Motor Vehicles Act, 1988 is involved in this batch of special leave petitions filed by the National Insurance Company Limited. (hereinafter referred to as Insurer) assailing various awards of the Motor Vehicle Claims Tribunal and judgments of the High Courts.

2. In view of the fact that these petitions involve pure questions of law, it is not necessary to advert to the individual fact pertaining to each matter.

3. Suffice, however, it to point out that the vehicles insured with the petitioners were involved in accidents resulting in filing of claim applications by the respective legal representatives of the deceased or the injured person(s), as the case may be.

4. Defences raised by the petitioner company in the claim petition purported to be in terms of section 149(2) (a) (ii) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') were: (a) driving licence produced by the driver or owner of the vehicle was a fake one; (b) driver did not have any licence whatsoever; (c) licence, although was granted to the concerned driver but on expiry thereof,• the sam