BRITISH INDIA GENERAL INSURANCE CO., LTD. vs CAPTAIN ITBAR SINGH AND OTHERS

The Supreme Court interpreted Section 96 of the Motor Vehicles Act, 1939, holding that an insurer added as a defendant in a third-party damage suit is restricted to the defenses specified in Section 96(2) and cannot rely on other defenses, including those available to the assured. The Court clarified that while the insurer has the right to be joined as a party, this right does not extend to defenses beyond those enumerated in the statute. The judgment emphasized that the insurer's defenses are limited to those explicitly stated in the Act, ensuring clarity in liability for third-party claims.