In Brief
In a motor accident case involving a utility vehicle (Bolero Camper) that killed and injured several persons, the Supreme Court held that the insurance company Shriram General Insurance was fully liable and could not escape compensation through a "pay and recover" order. The High Court had relied on a policy clause restricting passenger carriage, but the Supreme Court found the vehicle was properly registered as a utility van with a valid 4+1 seating capacity and contract carriage permit. The insurer, having reviewed these documents before issuing the policy, could not later deny coverage. The Court restored the Tribunal's award, requiring the insurer to pay directly to claimants, with a minor modification requiring a one-third deduction for personal expenses in one claim.
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