Supreme Court · 1959 INSC 75 · Decided 11 May 1959

British India General Insurance CO., LTD . v. Captain Itbar Singh and Others

Court
Supreme Court of India
Citation
1959 INSC 75 · [1960] 1 S.C.R. 168
Case number
CIVIL APPEAL No. 413/1958
Decided
11 May 1959
Bench
S.K. DAS, A.K. SARKAR, K. SUBBA RAO (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 151; Motor Vehicles Act Section 96

Headnote

II 168 SUPREME COURT REPORTS [1960(1)] BRITISH INDIA GENERAL INSVBANCE CO., LTD . v. CAPTAIN ITBAR SINGH AND OTHERS (S. K. DAs, A. K. SARKAR and K. SuBBA RAo, JJ.) Motor Car Insuranc.:--Suit for damages by third party­ Insurance companv added defendants-Defence if other than statutory against third party risks. The insurer, was subsequently added as defendant to the suit under s. g6(z) ;of the Motor Vehicles Act, 1939. It contended that the defence available to it was not restricted to the grounds enumerated ins. 9ti(2) of the Act, but that it was entitled to take all defences

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