Harun J:

This is a claim for a declaration that the plaintiff is insured against third party risks and further that he is entitled to be indemnified by the defendants. The facts of the case are not in dispute and may be briefly stated as follows:

On 3 August 1974 the plaintiff was driving his father's motor-car BAK 6130 when it was involved in a collision with another motor-car AQ 2634. Both vehicles were badly damaged. The driver of AQ 2634 and his passenger sustained personal injuries.

Motor-car BAK 6130 was insured with the defendant company under Policy No. MP/15994 from 16 December 1973 to 15 December 1974 i.e. including the date of the accident. A certificate of insurance was issued for the same period in accordance with s. 75(4) of the Road Traffic Ordinance 1958.

The plaintiff was stated in the policy to be an "authorised driver" subject to the following proviso:

Provided that the person driving is permitted in accordance with the licensing or other laws or regulations to drive the Motor Vehicle or has been so permitted and is not disqualified by order of a Court of Law or by reason of any enactment or regulation in that behalf from driving the Motor Vehicle."