Motor Vehicles Act, 1988–Sec. 149(2)–Defences available to Insurance Company–Insurance Company can defend on the grounds that there has been a breach of a specific condition of the policy, namely a condition that excludes that use of vehicle–
(a) for hire or reward, where the vehicle is, on the date of the contract of insurance, a vehicle is not covered by a permit to ply for hire or reward, or
(b) for organized racing and speed testing, or
(c) for the purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle, or
(d) without a sidecar being attached where the vehicle is a motorcycle. Insurer can also raise the issue pertaining to a condition that excludes driving by a named person or persons or by any person who is not duly licenced or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqua-lification or that excludes liability for injury caused or contributed to by conditions of war, civil war, roit or civil commotion, Defence also can be avalied by the Insurer that the policy is void on the ground that it has been obtained by non-disclosure of the material facts or by representation of fact which is false in the material particular.
