Supreme Court Upholds “Pay and Recover” Order in Oil Tanker Accident Case, Stresses Special License Requirements
The Supreme Court dismissed appeals by an oil tanker owner challenging the “pay and recover” order against their insurer, affirming that drivers transporting hazardous goods require Rule 9 endorsements under Central Motor Vehicles Rules. The case involved a fatal accident where an unendorsed driver’s rash driving killed two persons. The Court rejected arguments that the absence of hazardous goods during the accident reduced liability, emphasizing that specialized vehicles demand trained drivers regardless of cargo. The bench also disallowed belated production of a driver training certificate, noting suspicious documentation. The judgment reinforces strict compliance with transport vehicle licensing for hazardous materials.
M/S. CHATHA SERVICE STATION
VERSUS
LALMATI DEVI & ORS