- (1.) The points involved in these two petitions preferred by the British India General Insurance Company Ltd. are identical. They can, therefore, be disposed of by one order.
(2.) Suit No. 605 of 1951 (out of which petition No. 155-D/55 arises) was brought by Capt. Itbar Singh for damages against Wing Commander P. S. Gill and Shrimati Tara Devi Dogra in respect of a car accident that took place on 711-1950. The other petition arises out of suit No. 192 of 1952 instituted by Jagjit Singh against Nazar Singh and Capital Bus Service in respect of a running down accident dated 3-4-1952. In both the cases the cars were insured against third party risk with the British India General Insurance Company Ltd. the appellant. Notice of the suit was given to the Company as provided by Section 96 of the Motor Vehicles Act. The Company in their written statement took up places other than those permitted by Sub-section (2) of Section 96, which was objected to by the respective plaintiff. In the first suit the objection was turned down by the trial Subordinate Judge and the Company was allowed to contest the suit on grounds other than those enumerated in Section 96(2) of the Motor Vehicles Act. In the other suit, the plaintiff's objection prevailed & the Company was directed to confine its defence to the grounds mentioned in the Section.
(3.) On the matter coming to this Court in revision, the petition filed by Itbar Singh was accepted and that preferred by the Company dismissed. The result was that the Company, as a defendant in its own name, was not allowed to defend the suit on any grounds other than those permitted by S. 92(2). The decision of the Division Bench is reported as Itbar Singh v. P. S. Gill, (S) AIR 1955 Punj 187. It concluded by saying: 'Insurers in the several matters on showing sufficient cause may be permitted to defend the action affecting them on merits in the name of the original defendant or defendants as the case may be.';