HERBERT v. RAILWAY PASSENGERS ASSURANCE COMPANY.

(1938) 60 Ll L Rep 143

KING'S BENCH DIVISION.

Before Mr. Justice Porter.

Motor insurance-Third-party liability- W's motor-cycle and sidecar insured with defendant company - Accident with lorry, in which plaintiff, a pedestrian, was injured-Motor-cycle being driven by P, W being in sidecar- Action brought by plaintiff against W and lorry driver-Judgment recovered against W-Judgment unsatisfied- Claim against defendant company under Sect. 10 (1) of the Road Traffic Act, 1934-"The company shall not be liable in respect of any accident incurred while any motor-cycle is being driven by or is for the purpose of being driven by him in the charge of any person other than the insured"-Construction - Whether proper notice given to defendant company under Sect. 10 (2)-"Commencement of proceedings" -Contention that notice was indirectly given by W to defendant company through agent who effected insurance.