License and claim case

DURING Arguments the counsel for an insurance company argued that since the driver had no valid license to drive a particular type of vehicle hence the insurance company is not liable to pay compensation to the claimant as it is breach of term of insurance policy. Yes presently the law is so. During arguments the Hon’ble judge put a question that a person who learns driving vehicle but never forgets driving like swimming or driving bicycle etc.etc. Therefore it is immaterial that at the time of accident the driver had license or not. It may be an important question for fiscal purposes but so far as accident and damages are concerned valid license is most immaterial. What is important   is   whether the driver was qualified as driver for driving a particular type of vehicle or not. Once it is proved that the driver had at any point of time driving license for driving a particular type of vehicle, the question of valid license does not remain germane. For an accident it is not the current driving license at the time of accident is to be determined but the   rash and negligent act of the driver with reference to   rash or negligent act is material.

Yes it is for the Supreme Court to interpret the matter therefore an advocate who appears in Supreme Court should put forward such point so that a pragmatic consideration is made out.