VANGUARD INSURANCE COMPANY LIMITED Vs. SAVITRI SURI

JUDGEMENT

(1.) Defendant No. 3 in the Court below, the Vanguard Insurance Company Ltd., has preferred this appeal from the judgment and decree of a learned Subordinate Judge 1st Class, Delhi granting to the plaintiffs a decree for Rs. 49,214.25 paise with proportionate costs against the defendants. The liability of the appellant (defendant No. 3 in the Court below) was limited to Rs. 20,000.00 only and proportionate costs.

(2.) At the hearing, before the learned counsel started his arguments in support of the appeal, Mr. H.S. Dhir tried to present to us an application on behalf of defendants Nos. 1 and 2 in the Court below, for being transposed as appellants in this Court, but we declined to entertain that application directly and at that late stage ; we observed that if defendants Nos. 1 and 2 wanted to have this prayer considered, they should have applied much earlier because that prayer called for a judicial determination, after due notice to all the parties concerned, sufficient time before the hearing of appeal on the merits.

(3.) Before dealing with the appeal on the merits, it is necessary to give in brief the broad facts of the case. Ramji Dass Suri, husband of plaintiff No. 1, father of plaintiffs Nos. 2 to 5 and son of plaintiffs Nos. 6 and 7, was involved in a fatal motor truck accident on 3. 9. 54. The plaintiffs instituted the suit, out of which the present appeal arises, for recovery of Rs. 50,000.00 on account of damages against three defendants, the first of whom was the owner of the vehicle in question, the second defendant Sohan Singh the driver and the third defendant the Insurance Company with whom the vehicle was insured. The trial Court in a fairly well considered judgment passed a decree for Rs. 49,214.25 Paise with proportionate costs in favour of the plaintiffs against the defendants, the liability of defendant No. 3 being limited to Rs. 20,000.00 only and proportionate costs. The company alone has appealed, the other defendants presumably not feeling aggrieved by the judgment and decree of the Court below.