KASHIRAM YADAV & ANR. vs ORIENTAL FIRE & GEN. INSURANCE CO. & ORS.

The Supreme Court held that under Section 96 of the Motor Vehicles Act, 1939, an insurer is not liable to indemnify the owner of a vehicle if the vehicle is driven by an unlicensed driver, as this constitutes a breach of policy conditions. The court dismissed the appeal of the vehicle owner, affirming that the insurer's liability is contingent upon compliance with the policy terms, which were violated in this case. The court distinguished this case from Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan, emphasizing the necessity of a valid driving license for the driver at the time of the accident.