Fernando V. De Silva And Others – sllr 2000 volume 3 page 029

In the case between the Plaintiff-Appellant (injured party) and Defendants-Respondents including the 1st Defendant (lorry operator) and Union Assurance (Insurance Company), the court addressed whether an insurer may be subjected to execution of a money decree post-judgment, despite not being an original party to the proceeding. It was decided that execution could issue against the insurer without its formal addition as a party, given that the insured sum effectively belonged to the judgment creditor under operative statutes and legal doctrines. Relevant statutory frameworks such as the Civil Procedure Code and Motor Traffic Act were relied upon, alongside the concepts of subrogation and constructive trust, affirming the principle that statutory and equitable considerations may enable execu