NEW INDIA ASSURANCE CO LTD Vs. DHARMU

JUDGEMENT

(1.) The following question of law has been referred to this Full Bench of three Judges by a Division Bench of this court vide order dated 13.8.2002 passed in F.A.O. No. 74 of 1998 and in ninety-two other connected matters:

(2.) Shorn of all unnecessary details and without going into the facts of individual cases, suffice it to say that the only issue which falls for our consideration in this reference is about the validity of a driving licence in the light of a specific provision of law contained in sub-section (2) of section 149 of the Motor Vehicles Act, 1988 ('Act' for short), whereby an insurer (insurance company) as is referred in subsection (1) of section 149 of the Act is entitled to defend action against it on any of the grounds mentioned in sub-section (2) of section 149 and one of the grounds mentioned being the condition excluding driving of a motor vehicle by a person who is not 'duly licensed' to drive such a vehicle. For ready reference, the relevant extract of sub-section (2) of section 149 is reproduced as under:

(3.) Who is a person 'duly licensed' ? Driving licence has been defined in section 2 (10) :