169Agreements negativing provisions of Division to be void

169 Agreements negativing provisions of Division to be void (1) Any provision, stipulation, covenant or condition in any agreement (whether made before or after the commencement of this section) which negatives, limits or modifies or purports to negative, limit or modify the operation of the provisions of the repealed Division or this Division or of any contract of insurance under the repealed Division is void and of no effect. (2) Where there was in force a contract of insurance under the repealed Division relating to a motor car then in any action brought against the owner or driver of the motor car or against any authorized insurer in respect of an accident resulting in the death of or bodily injury to any person being at the time of the accident a passenger for reward in the motor car, it is not a defence that the contract of carriage had negatived, limited or modified the liability of the owner or driver of the motor car.