Authority: Supreme Court of India, Civil Appellate Jurisdiction (Bench: Justice Dipankar Datta, Justice Sheel Nagu)
Order Date: 12 October 2026
Case Overview
- Parties: Appellants – Vinod Mangaldas Shah & Ors.; Respondents – IFFCO Tokio General Insurance Co. Ltd. & Ors.
- Origin: Special Leave Petition (C) No.12610/2026 arising from High Court of Bombay order dated 04‑03‑2026 disposing an interim application in appeal under Section 173 of the Motor Vehicles Act, 1988, without notice to claimants.
- Key allegations: High Court’s disposal of interim application breached principles of natural justice by not issuing notice to claimants; appellant is an 87‑year‑old who lost his son in a fatal road accident.
- Observations: Supreme Court noted procedural irregularity and the need for a fair hearing; acknowledged that Rs 5 crore has already been paid to claimants.
Final Outcome
- The portion of the High Court order disposing the interim application is set aside.
- The interim application is revived and the Bombay High Court is directed to rehear it in the presence of the claimants/appellants, preferably by the end of December 2026.
- The Rs 5 crore already paid remains; any further liability of IFFCO Tokio will be determined by the High Court in accordance with law.
- The civil appeal is disposed of and any pending applications are closed.
Topics: Legal Procedure, Insurance Claim