JUDGMENT

Edgar Joseph Jr FCJ:

The sole question for decision in this appeal concerns the extent of the liability of the Appellants, as Insurers Against Third Party Risks ('the Insurers'), who had issued a Compulsory Motor Insurance Policy ('the Policy'), in a direct action brought against them by the Respondent, an Injured Third Party ('the Third Party'), for satisfaction of a judgment obtained in a running down action, pursuant to s. 80(1) of the Road Traffic Ordinance 1958, ('the Ordinance') now s. 96(1) of the Road Transport Act 1987 ('the Act') .

The essential facts underlying this appeal may be shortly stated.

The Insurers had issued to Syarikat Kenderaan Central (M) Sdn. Bhd. ('the Insured'), the Policy pursuant to and in terms complying with s. 75(1) of the Ordinance, now s. 91(1) of the Act , whereby they had agreed to indemnify the Insured and any authorised driver in the event of accident caused by or arising out of the use of a motor lorry bearing registration No. BAP 6167, of which the Insured was the registered owner, against all sums including claimant's costs and expenses which the Insured shall become legally liable to pay in respect of death or bodily injury to a