In Brief
In a motor accident involving an oil tanker that struck a cyclist and pedestrian, both fatally, the Supreme Court held that insurance companies can invoke the "pay and recover" principle when drivers lack the mandatory endorsement under Rule 9 of Central Motor Vehicles Rules, 1989. The Court rejected arguments that this requirement is merely technical, establishing that the specialized training—covering defensive driving, advanced skills, and product safety—is integral to driver competence for hazardous goods vehicles. Although the insurer must compensate claimants, it may recover from the vehicle owner. The Court dismissed the appellant's appeals, affirming that statutory compliance cannot be waived as a formality.
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