Sri Lanka Insurance Corporation Ltd v. Perera and Others – sllr 2003 volume 3 page 232

In the case between Wickremesinghe (Plaintiff) and Sri Lanka Insurance Corporation Ltd (Intervenient Defendant), the issue concerned whether a money decree obtained by the plaintiff in a motor accident damages action could be enforced against the insurer, despite the insurer not being a party to the original proceedings. The court determined that timely notice had been served on the insurer as required by statute, thereby imposing an obligation under Section 105 of the Motor Traffic Act, No. 14 of 1951, on the insurer to satisfy the decree. It was clarified that the exception in Section 106 did not apply due to proper notice, and the subsequent order in execution proceedings was interlocutory in nature, precluding a direct right of appeal. This interpretation reaffirmed the principle that