(2)No sum shall be payable by an insurer under sub-section (1) in respect of any judgment unless before or after the commencement of the proceedings in which the judgment is given the insurer had notice through the Court of the bringing of the proceedings, or in respect of any judgment so long as execution is stayed thereon pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto and to defend the action on any of the following grounds, namely:-(a)that the policy was cancelled by mutual consent or by virtue of any provision contained therein before the accident giving rise to the liability, and that either the certificate of insurance was surrendered to the insurer or that the person to whom the certificate was issued has made an affidavit stating that the certificate has been lost or destroyed, or that either before or not later than fourteen days after the happening of the accident the insurer has commenced proceedings for cancellation of the certificate after compliance with the provisions of section 105; or(b)that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:-(i)a condition excluding the use of the vehicle-(a)for hire or reward where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward, or(b)for organised racing and speed testing, or 114A(c)for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is [a transport vehicle] [Substituted by Act 58 of 1960, section 3 and Schedule II, for 'a public service vehicle or a goods vehicle' (w.e.f. 26.12.1960).], or(d)without side-car being attached, where the vehicle is a motor cycle; or(ii)a condition excluding driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification; or(iii)a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or(c)that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular.
