MESSRS PAKISTAN MOTOR OWNERS MUTUAL INSURANCE COMPANY LTD., — 1970 SCMR 212

Citation: 1970 SCMR 212

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-10

Parties: MESSRS PAKISTAN MOTOR OWNERS MUTUAL INSURANCE COMPANY LTD., LAHORE vs DIN MUHAMMAD AND 5 Other

Headnotes

Case cited as 1970 SCMR 212

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:MESSRS PAKISTAN MOTOR OWNERS MUTUAL INSURANCE COMPANY LTD., LAHORE vs DIN MUHAMMAD AND 5 Other Case No.:Civil Petition for Special Leave to Appeal No. 364 of 1969 Regular First Appeal No. 74 of 1964 Date of Judgment:1969-12-10 Reported As: 1970 SCMR 212 Result: Leave refused Judgment ORDER MUHAMMAD YUQAB ALI, J.-A decree for payment of Rs. 25,960 has been passed on appeal by the High Court in favour of the heirs of one Khushi Muhammad, respondent herein, who while driving a tractor was killed in a collusion with the bus owned by the respondent No. 5 and driven by the respondent No. 6. Out of the decretal amount Rs. 20,000 is to be paid by the petitioner with whom the bus was insured against third party risk and the balance is to be paid by the respondents and 6. The suit was filed by the respondents 1 to 4 against respon--dents 5 and 6 and a notice given to the petitioner as required by section 96 of the Motor Vehicles Act, 1939. In their written statement the petitioner raised numerous objections, e. g. That the suit was barred by time and that the accident had taken place due to negligence on the part of respondent No. 6. The grounds which an insurance company may take in a suit for compensation by the third party being confined to subsection (2) of section 96, the trial Court did not frame any issues to cover, these grounds. On an appeal by respondents 1 to 4…

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