PESUMAL DHANMAL Vs. ASIATIC INSURANCE CO LTD

JUDGEMENT

(1.) THESE two appeals Nos. 10 and 11 of 1962, arise out of two suits Nos. 70 and 71 of 1959 filed by the nears of one Daooji Radhamohan Meherotra and by one Murli Uholandas respectively for damages in respect of a car accident which resulted in the death of Daooji and serious injury to Murli while the car was Winy driven by the defendant Pesumal.

(2.) THE short facts are that both the deceased Meherotra and Murli Dholandas accompanied the defendant on 13th March 1958 on a motor drive front Bombay to Poona by a motor ear belonging to one Shamdas Nathurnal Asvani. The defendant was in charge of the car and he was driving it with the consent and knowledge of Shamdas Narnumal Asvani. The plaintiffs allege that he was driving it rashly and negligently and while doing so, between Mile stones 93 and 94 there was a collision between the car and motor truck bearing No. BYT 2216 as a result of which Mehrorotra died and Murli Dholandas stitfered severe injuries. The heirs of Meherctra, and the injured Murli Dholandas have filed these two suits respectively and claimed damages from the defendant.

(3.) THE Plaintiffs got a notice issued to the new Asiatic Insurance Co. Ltd. , under Section 96 (1) of the Motor Vehicles Act since this company had insured Aswani in respect of the car which was being driven by thee defendant. After the notice was received, the New Asiatic Insurance Co. took out a Chamber Summons for the discharge of the notice. It came before Mr. justice Tarkunde who agreed with its contentions and discharged the notice. The Defendant Pesumai has appealed against the order of the learned Judge.