In Brief
A mother whose son, a truck conductor, died in a 2011 vehicular accident challenged the High Court's order to recover compensation directly from the driver and vehicle owner, rather than from the insurance company. Although the offending truck driver lacked a valid driving licence at the time of the accident—a ground for the insurer to avoid liability—the Supreme Court held that the insurance company must nevertheless pay the compensation to the victim's family. The insurer may subsequently recover that amount from the vehicle owner. This 'pay and recover' principle protects innocent third-party victims, ensuring they are not left uncompensated despite the insured's breach of policy conditions.
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