NEW ASIATIC INSURANCE COMPANY LIMITED Vs. PESSUMAL DHANAMAL ASWANI

JUDGEMENT

(1.) These appeals by special leave arise in the following circumstances.

(2.) S. N. Asnani owned Chevrolet Car bearing registered No. AA 4431. He insured it with the New Asiatic Insurance Co. Ltd., hereinafter referred to as the company, under a policy dated November 26, 1957. Asnani permitted Pesumal Dhanamal Aswani, hereinafter called Pesumal to drive that car. When Pesumal was driving the car with Daooji Radhamohan Meherotra and Murli Dholandas in the car, the car met with an accident as a result of which Meherotra died and Murli received injuries.

(3.) Pesumal himself owned a Pontiac car which had been insured with the Indian Trade and General Insurance Co. Ltd., under policy No. Bombay P. C. 42733-2 dated November 18, 1957.