Jana Shakthi Insurance Co. Ltd., Vs Dasanayake Manike and Others – sllr 2005 volume 1 page 299

The case between Jana Shakthi Insurance Co. Ltd. and Dasanayake Manike and others concerned the insurer’s liability under Section 105 of the Motor Traffic Act following a fatal lorry accident. It was held that liability is contingent upon the plaintiff providing the requisite notice under Section 106. The findings established that if an insurer alleges non-receipt of notice, the appropriate course is to apply in the original court for an inquiry to purge such default. The insurer’s revision application was dismissed as the requisite inquiry was not properly pursued, affirming the binding effect of the decree when evidence of served notice exists. This decision reaffirmed the procedural principle that compliance with statutory notice requirements and proper application before the original c