The appellant insurer appealed a decision of the Licence Appeal Tribunal finding that the respondent was involved in an 'accident' under the Statutory Accident Benefits Schedule.
The respondent was injured while 'car surfing' on the rear bumper of a moving vehicle.
The Divisional Court dismissed the appeal, upholding the adjudicator's application of the purpose test.
The court found that while reckless, the vehicle was being used for its normal purpose of transportation, and thus the incident constituted an accident.
