Whether Breach of conditions under Section 149(2)(a) of the Motor Vehicles Act, 1988 absolves the insurer of its liability to the insured. Section 149(2)(a)(ii) deals with the conditions regarding driving license. In case the vehicle at the time of accident is driven by a person who is not duly licensed or by a person who has been disqualified from holding or obtaining a driving license during the period of disqualification, the insurer is not liable for the compensation.

Facts of the Case was that a suit was filed for partition and separate possession of 1/10th share in suit schedule properties by metes and bounds and also sought for an enquiry under Order 20 Rule 12 CPC to ascertain mesne profits by Plaintiff who was the second daughter of late Karta. Defendants were the sons, other daughters and also son of first daughter of the late Karta . Plaintiff, claimed that Property is self- acquired property of Late Karta and hence her entitled to 1/10th share while one set of defendants claimed that property is joint ancestral properties and they are entitled to 1/5th share. On the other hand one appellant defendant claimed that entire property being self -acquired was bequeathed in his favour by Karta under a will of 1991.

The issue involved in this case was a cheque drawn on Syndicate Bank Bangalore and presented for encashment to ING Vyasa Bank, Gurgaon had been dishonoured resulting in issuance of statutory notices to Petitioners and eventual filing of a compliant before Judicial Magistrate, First class at Gurgaon under Section 138 on which Magistrate had taken cognizance and summoned the petitioners for appearance to face trial