Authority: Supreme Court of India
Order Date: 02-09-2026
Case Overview
- Petitioners: Nikki Devi & Ors filed Special Leave Petition (Civil) No. 48041/2026 challenging the final judgment dated 24-04-2026 of FAO No. 593/2016 passed by the High Court of Himachal Pradesh, Shimla.
- Respondent: Shriram General Insurance Company Limited & Ors.
- Interlocutory Application No. 248215/2026 sought condonation of delay in filing the petition.
- Hearing held on 02-09-2026 before a two‑judge bench of Hon’ble Mr. Justice Prashant Kumar Mishra and Hon’ble Mr. Justice Shree Chandrashekhar; counsel for petitioners included Mr. Rajesh Srivastava, Mr. Rahul Kumar, Adv. Anil Kumar Gaur, Adv. Deepika Singh, Adv. Riddhi Gupta; counsel for respondents appeared as well.
Observations & Directions
1. The Court condoned the delay in filing the petition.
2. The Court directed issuance of a notice limited to examining whether it can exercise powers under Article 142 of the Constitution of India to direct the insurer to pay and recover the liability in a case involving a gratuitous passenger, where the insurer claims it is not liable.
3. The Court referred to earlier judgments where it exercised Article 142 powers, namely National Insurance Company Ltd. vs. Baljit Kaur & others (2004 2 SCC 1), National Insurance Company vs. Saju P. Paul & another (2013 2 SCC 41), Manuara Khatun & others vs. Rajesh Kumar Singh & others (2017 4 SCC 796, 2025 INSC 867, 2025 SCC Online SC 2297, 2009 8 SCC 785). It noted that the question remains open in National Insurance Company Ltd. vs. Parvathneni (2018 9 SCC 657) concerning a gratuitous passenger.
4. The notice is to be returned on or before 02‑11‑2026.
Final Outcome
- Delay in filing is condoned; the matter will proceed to determine the applicability of Article 142 to compel the insurer to meet the liability of a gratuitous passenger, with further directions to be issued after the return of the notice.
Topics: Article 142, Insurance Liability, Supreme Court