Motor Traffic (Amendment) Act 2009 · As enacted
21. Amendment of section 106 of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 106 of the principal enactment is hereby repealed and the following section substituted therefor:—
106. (1) No sum shall be payable by an insurer under the provisions of section 105 in respect of any decree—
unless before or within seven days of the commencement of the action the plaintiff in the action in which such decree was entered has given notice of such action to such insurer; or
so long as execution of such decree is stayed pending appeal.
Every notice given under subsection (1)
shall—
specify the name of the court in which such action is instituted;
specify the number assigned to the action;
specify the names of, the parties to the action;
specify the number of the insurance policy in respect of which the action is instituted;
specify the nature of the action ; and
“Liability of insurer in respect of any decree.
require the insurer to answer the plaint before a date to be specified in such notice.
Every notice shall be accompanied by a copy of the plaint filed in the action.
An insurer to whom such notice is given shall be made a party to such action and shall be entitled to defend such action.”.