In Brief
Two young claimants suffered permanent disabilities (amputations) as gratuitous passengers in an insured goods vehicle involved in a motor accident. The High Court awarded compensation but made the vehicle owner and driver liable, exonerating the insurer because the vehicle was insured as a goods vehicle and claimants were gratuitous passengers. The Supreme Court upheld the compensation quantum but invoked the 'pay and recover' principle, making the insurer primarily liable to pay the claimants, with the right to recover from the owner and driver. The unusual circumstance—young claimants with permanent disabilities—justified this departure from standard goods vehicle insurance rules.
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