The Plaintiff entered into a third party insurance with the
first Defendant to insure its vehicle. After being insured the vehicle was sent
to work for a mining company where in the course of duty it was involved in a
motor accident in which a pedestrian incurred bodily injuries. Considering the
danger in which the injured person was the Plaintiff authorized the mining
company to provide him with timely treatment. Later the bill was sent to the
Plaintiff and the mining company recovered the costs in full. The Plaintiff
brought suit against the first Defendant for a declaration that the first
Defendant is liable to indemnify the Plaintiff and an order that the first
Defendant indemnify the Plaintiff the medical costs. The first Defendant denied
liability stating that the Plaintiff
is not entitled to the amount claimed because he was not authorized by the
First Defendant as insurer to provide the alleged services and the amount
claimed was highly exaggerated, unrealistic and they have no basis in the motor
insurance contract.