[1] This is an application by the Plaintiff for a declaration that the provisions of an insurance policy No JDV4007517 issued in respect of a motorcycle No WB 8810 T for the period commencing 12.43 pm on 8 August 2017 until 7 August 2018 is null and void and unenforceable against the Plaintiff in respect of an accident which occurred on 8 August 2017 at approximately 7.30 am and, further, that the Plaintiff was not liable in respect of any claim or judgment as a result of the said accident. I have allowed the application. These are the full reasons for my decision.

Salient Background Facts

[2] The 1st Defendant was at all material times the registered owner of a motorcycle bearing Registration No WB 8810 T.

[3] The 2nd Defendant was at all material times the rider of motorcycle No AHY 5080 and was involved in an accident with the 1st Defendant's motorcycle on 8 August 2017 at 7.30 am.

[4] The Plaintiff is the insurer of the 1st Defendant's motorcycle vide insurance policy No JVD4007517 which was issued on 8 August 2017 but at 12.43 pm, that is, after the accident had already occurred.

[5] By letter dated 16 November 2017, the 2nd Defendant's solicitors Messrs S Y Namasoo & Company gave