ITBAR SINGH Vs. P S GILL

JUDGEMENT

(1.) By this order I dispose of Civil Revision No. 81-D of 1953, Civil Revision No. 365-D of 1953 and Civil Revision No. 96-D of 1954 which have been referred to this Bench for decision of the question of law arising under Section 96(2), Motor Vehicles Act, 1939, hereinafter called the Act.

(2.) In Civil Suit No. 605 of 1951 Captain Itbar Singh claimed decree for rupees 10,500/- against Wing Commander. P.S. Gill and Shrimati Tara Devi Dogra for injuries sustained by him in an accident in which car No. DLA 3347 was in volved.

(3.) In paragraph 8 of the plaint it was stated that the insurers with whom car No. DLA 3347 and Wing Commander P.S. Gill were insured and the insurer with whom Squadron Leader Dogra was insured at the lime of the accident were liable to satisfy the decree that may be passed in Civil Suit No. 605 of 1951.