Authority: Supreme Court of India
Order Date: July 14, 2026
Case Overview
- Parties: Appellant Vikash Singh vs. Respondent The Oriental Insurance Company Limited (Divisional Manager) and others.
- Background: Motor Accidents Claims Tribunal awarded compensation of Rs 34,08,116 to Vikash Singh. The respondent filed Misc. Appeal No. 5200/2022 before the High Court of Madhya Pradesh, Jabalpur, challenging the award.
- High Court Action: On 28‑03‑2023 the High Court disposed of the appeal in favour of the respondent, despite the fact that lawyers of both sides were absent due to a Bar Council of Madhya Pradesh strike call on the hearing day. The High Court justified its disposal on the strike but proceeded to allow the appeal ex parte.
- Supreme Court Intervention: The appellant filed Special Leave Petition (C) No. 18587/2023. The Supreme Court noted the procedural irregularity—granting relief without hearing counsel—citing Order XLI Rule 17 of the CPC, which does not empower dismissal on merits without hearing.
- Counsel Present: For the petitioner – Mr. Devendra Singh (AOR), Mr. Raj Kumar Sharma, Mr. Sunil Kumar, Mr. Saurabh Sharma. For the respondent – Mr. Rajesh Kumar Gupta (AOR), Ms. Jyoti Kaushik, Mr. Vikas Upadhyay (AOR), Ms. Ankita Kashyap, Mr. Nitin Gaur, Mr. Ranveer Singh.
Final Outcome
- The Supreme Court set aside the impugned judgment and order of the High Court dated 28‑03‑2023.
- It directed that Misc. Appeal No. 5200/2022 be remanded to the High Court for fresh consideration on merit after giving due opportunity of hearing to learned counsel for both sides.
- The Civil Appeal No. 8968 of 2026 is disposed of in terms of the signed order.
- Any pending applications, if any, are also stood disposed of.
Topics: Court Proceedings, Insurance Compensation