In Brief
A widow of a truck driver killed in a motor accident caused by the defendant's rash and negligent driving claimed compensation. The tribunal allowed the claim but absolved the insurance company, noting the owner had not proved the offending vehicle was driven by a licensed driver. The Supreme Court held that an insurance company does not become liable merely because a vehicle is insured; the owner must plead and prove the driver was authorised with a valid licence. However, to fulfil the social welfare object of compulsory insurance, the Court directed the insurer to pay the award in the first instance with liberty to recover from the owner.
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