Authority: Supreme Court of India, Partial Court Working Days Bench (Justices K.V. Viswanathan & Shree Chandrashekhar)

Order Date: 30-06-2026

Case Overview

  • Petition: Special Leave Petition (Civil) Diary No. 34212/2026 filed by The New India Assurance Company Ltd against Savita Tiwari & Ors.
  • Origin: Arising from impugned final judgment and order dated 06-02-2026 in FA No. 291/2015 passed by the High Court of Judicature at Allahabad.
  • Issue: Whether the petitioner can recover the amount from the vehicle owner, given the contention that the vehicle lacked a certificate of fitness at the time of the accident; noted conflict of judicial opinion on this point.
  • Counsel: Petitioner's counsel listed (Salil Paul, Manjeet Chawla, etc.); Respondent's counsel not listed.

Court Directions

1. Delay in filing the petition is condoned.

2. Notice to be issued, returnable within six weeks.

3. Petitioner shall pay the amount claimed by the respondents unconditionally, together with all interest accrued up to the date of payment.

4. The core issue for final determination remains the petitioner’s right to recover the amount from the vehicle owner due to the alleged lack of a certificate of fitness.

5. Matter listed for further hearing on 07-09-2026.

Final Outcome

  • The Supreme Court allowed the petition to proceed by condoning the delay, mandated immediate payment with interest to the respondents, and scheduled a further hearing to resolve the substantive liability question.

Topics: Insurance Liability, Court Proceedings