“12. As per record, driver of the offending vehicle i.e R1 has clearly stated that at the relevant time he was having driving licence to drive light motor vehicles and admittedly, he was not having a driving licence to drive three wheeler scooter. It would be pertinent to discuss here that the insurance company (R3) has also examined Sh. Ashutosh Singh (A.M, Bajaj Allianz General Insurance Co. Ltd. 1, DLF Building, Moti Nagar, Delhi), as R3W3, who has inter alia testified that the R2 (i.e owner of the offending vehicle) had violated the provisions of M.V. Act by allowing R1 to drive the offending vehicle as R2 was holding a permit No. TL-1RG/7391 in her name with respect to the insured/offending vehicle which is Ex.R3W3/4 and has violated the conditions as imposed by notification No.F.S./MLO/Transport/03/28-33, dt. 19.08.2003, issued by transport authority auto rickshaw, Burari, Delhi as per which only the permit holder/R2 v/as peraiitted to drive the insured/offending vehicle. He has further testified that R1 was holding a driving licence bearing No. P96050282, issued on 13.05.1996, which was valid upto 12.05.2016, which is EX.R3W3/5, vide which R1 was authorized to drive LMV (private). He has also testified that the said licence was not applicable to drive the insured vehicle which was a passenger carrying commercial vehicle and since R2 had allowed R1 to drive the offending vehicle without a valid driving license and hence, the terms and conditions of the insurance policy were violated. During his cross-examination nothing is shown on record if R3W3 is not deposing truthfully or if at all R1 had a valid driving licence to drive the offending vehicle at the relevant time.
