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The trial court erred in awarding general damages inordinately high and loss of income without proof; the appellate court reduced general damages and set aside the award for loss of income, holding that the right to claim against the insurer arises from statute and policy, not proof of negligence.
Source excerpt
High Court civil appeal on insurance liability, jurisdiction, damages and interest. Appeal partly allowed: general damages reduced and interest adjusted.
The insurer failed to prove the deceased was an employee excluded from coverage; the deceased was a passenger and thus a third party under the policy. The vehicle's driver was authorised by the owner, and insurance liability attaches to the vehicle, not solely to the named driver. The quantum of general damages was within the trial court's discretion and not punitive.
Source excerpt
The High Court held that an expired driving licence did not, by itself, defeat third-party insurance liability, but special damages were not strictly proved.
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