https://www.taxtmi.com/caselaws?id=290625 An insurer served with statutory notice, but lacking a statutory right to defend independently under the Motor Vehicles Act, may still be allowed to conduct the defence in the insured defendant's name where the defendant is absent, unwilling, or unable to contest the claim. The Bombay High Court treated this as a limited use of inherent powers under Section 151 CPC to ensure fairness and an effective opportunity to resist liability before a decree fastens liability on the insurer. The permission did not create a new statutory defence or implead the insurer in its own right; it only enabled defence through the defendant's name, and the objection was rejected. en-us Wed, 21 Jul 1954 00:00:00 +0530 Wed, 07 Oct 2020 13:56:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290625 An insurer served with statutory notice, but lacking a statutory right to defend independently under the Motor Vehicles Act, may still be allowed to conduct the defence in the insured defendant's name where the defendant is absent, unwilling, or unable to contest the claim. The Bombay High Court treated this as a limited use of inherent powers under Section 151 CPC to ensure fairness and an effective opportunity to resist liability before a decree fastens liability on the insurer. The permission did not create a new statutory defence or implead the insurer in its own right; it only enabled defence through the defendant's name, and the objection was rejected. Case-Laws Indian Laws Wed, 21 Jul 1954 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290625