[1] This unanimous judgment is delivered by the remaining members of the panel pursuant to s 78(2) of the Courts of Judicature Act 1964 as a member of the panel, the learned President of the Court of Appeal then, has since retired.

[2] In the High Court, the appellant was the plaintiff/insurer. The defendant/ insured was the registered owner of a motorcycle no PHS5512. The plaintiff had issued an insurance policy to the defendant in respect of the motorcycle. The respondent was the intervener.

Salient Background Facts

[3] The undisputed facts show that on 27 October 2011 at 1.30am an accident occurred between the defendant and the respondent which involved the defendant's motorcycle. On the same date, the defendant applied for insurance cover for the motorcycle. The appellant issued a policy number 01-70-11-PFN-002610. The cover note shows that it was issued on 27 October 2011 at 2.16pm. The certificate of insurance shows that the effective date of commencement of insurance was 27 October 2011 and the date of expiry of the insurance was 26 October 2012.

[4] Arising from the accident, the respondent had filed a claim in the Sessions Court, Georgetown against the defendant for damages fo