This second appeal raises an important question as to the rights of an insurer to sue in his own name to recover damages from a third party, by whose negligence the assured's car met with an accident and wa totally damaged but who was fully indemnified by the insurer under a comprehensive policy. On that question, the courts below have differed, the lower appellate court, in a reversing judgment, holding such a suit to be maintainable and decreeing the suit. One G.H. Morley had insured his car MSP 2228 with the Caledonian Insurance Co., the plaintiff, against comprehensive risks for Rs. 4, 000. On February 6, 1955, on the Madras- Bangalore road, a lorry MDJ 1099, coming from opposite direction and after overtaking a bus, collided with the car causing serious damage to it. The insurer settled the claim of the assured at Rs. 3, 030, treating the case as a total loss and itself taking over the damaged car. The insurer later sold it on April 16, 1955, for Rs. 1, 500 and brought the suit to recover the balance of Rs. 1, 530 from the second defendant, the owner of the lorry, as loss and damages it had sustained by the willful, gross, rash and negligent driving of the lorry. T