NEW ZEALAND INSURANCE CO LTD Vs. KALU RAM

JUDGEMENT

(1.) The Newzealand Insurance Company Ltd. which was originally defendant No. 4 in the suit, have filed this appeal against the decree passed by Shri Asa Singh Gill, Sub-Judge 1st Class at Delhi, for Rs. 5,000.00, in favour of Kalu Ram, who was the plaintiff and who is respondent No. 1 in this appeal. In the plaint defendants Nos. 1 and 2, Sarwan Dass and Balwant Singh, respectively, were described as the owners of the motor vehicle; Gandur Singh defendant No. 3 was described as driver of the motor vehicle.

(2.) The accident which gave rise to the suit occurred on 4th July, 1953 at Delhi, as a result of which various injuries were sustained by the plaintiff.

(3.) Against the decree, only the New- Zealand Insurance Company Ltd. have filed this appeal in this Court. The appeal does not purport to be on behalf of or in the name of the insured. A preliminary objection has, therefore, been raised by Mr. S.S. Chadha, learned counsel for the plaintiff-respondent No. 1 about the competency of this appeal and the objection is based upon the provisions of section 96(2) of the Motor Vehicles Act, According to which the pleas and defences which are open to an Insurance Company are curtailed to a large extent and it is only certain defences which are open to the Insurance Company.