Authority: Supreme Court of India
Order Date: 16 July 2026
Case Overview
- Parties: Gurmail Kaur and others (appellants) vs National Insurance Company Limited and others (respondents).
- Origin: Appeal against the High Court of Punjab and Haryana at Chandigarh’s order that reversed the Motor Accidents Claims Tribunal, Sangrur award and found the deceased 100% negligent.
- Tribunal Award: Rs.82,65,850 with 7.5% per annum interest, apportioned among four claimants.
- High Court Finding: Based on eyewitness deposition, held the deceased had jumped over a diversion wall on the National Highway, deeming him totally negligent and thus denying the claim.
- Eyewitness Statement: The pillion rider (motorcycle rider) testified the deceased tried to cross a divider when a truck driven rashly hit him, resulting in fatal injury.
- Legal Argument: Counsel for appellants (Mr. Divyansh Mishra) argued that crossing a divider is not negligent; the High Court mistakenly treated it as scaling a wall.
- Counsel for Respondent: Ms. Meenakshi Midha, Standing Counsel for National Insurance Company Limited.
- Judges: Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice K. Vinod Chandra.
Final Outcome
- The Supreme Court held the High Court erred egregiously and set aside its order, restoring the Tribunal’s award.
- The appeal is allowed; the insurer must pay the amounts awarded by the Tribunal to the claimants within two months from the order date, with interest as directed by the Tribunal.
- All pending applications, if any, are disposed of.
Topics: Court Judgment, Motor Accident Compensation, Insurance Liability