CHOKOSI vs. THE REPUBLIC

On this appeal coming before me, I re-opened the hearing and took evidence. It seemed to me the legislature had not created an offence affecting an “unnamed driver” where comprehensive insurance policy existed. This view was confirmed by the representative of the State Insurance Corporation, the insurance of the vehicle No. VR 2547 stated in the charge. Section 3 (1) and (2) of the Motor Vehicles (Third Party Insurance) Act, 1958 (No. 42 of 1958), read as follows: “3. (1) Subject to the provisions of this Act no person shall use, or cause or permit any other person to use, a motor vehicle unless there is in force in relation to the user of that motor vehicle by such person or such other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the provisions of this Act. (2) Any person acting in contravention of this section shall be liable on conviction to a fine not exceeding two hundred pounds or to imprisonm...