Commissioner, Bruhat Bangalore Mahanagara Palike vs K. K. Umesh Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 687

SANJAY KAROL, N. KOTISWAR SINGH
Commissioner, Bruhat Bangalore Mahanagara Palike – Appellant
Versus
K. K. Umesh Kumar – Respondent

Advocates appeared:
For the Appellant(s) : M/S. Nuli & Nuli, AOR Mr. Anand Sanjay M. Nuli, Sr. Adv. Mr. Suraj Kaushik, Adv. Mr. Nanda Kumar K. B., Adv. Mr. Dharm Singh, Adv. Ms. Akhila Wali, Adv. Mr. Abhishek Kanyalur, Adv. Ms. Divya Sinha, Adv. Mr. Ashritsai Torgal, Adv. Ms. Tanya Chillar, Adv.
For the Respondent(s): Ms. Shweta Garg, AOR Mr. Ashish Gopal Garg, D.A.G. Mr. Rakesh Garg, Adv. Mr. Pankaj Seth, Adv. Ms. Manjeet Chawla, AOR Ms. Jyoti, Adv. Ms. Shruti Jain, Adv. Ms. Patil Rekha Chandra Gouda, AOR Mr. Jadhav Vishal, Adv.

JUDGMENT :

SANJAY KAROL, J.

Leave Granted.

2. The issue for our consideration is whether the appellant can be held liable under the Motor Vehicles Act, 1988 for the injuries sustained by respondent no.1 that were caused due to the falling of a roadside tree on the vehicle by which the respondent no.1 was travelling, but had stopped under the tree waiting for the rain to subside and then proceed further.

3. The facts in which this question arose are as follows:

Respondent no.1 was travelling on 23rd June 2007 in an auto from Queens Road to Chinnaswamy Stadium when due to heavy rain it was requested by respondent no.1 that the vehicle be pulled up to the side of the road. Along the road were older trees, some even as old as hundred years and when the vehicle was stationary underneath one of these trees, a branch got detached from the tree fell on top, injuring the respondent. Thereafter, he was admitted to Mallya Hospital and received treatment.

A claim petition¹[MVC No.1313/2020] was filed before the Motor Accidents Claim Tribunal, Bangalore, seeking compensation of Rs.50 lakhs. The Claims Tribunal in terms of order dated 10th April 2013 dismissed the claim on account of it being a natura

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2026 Supreme(SC) 687

SANJAY KAROL, N. KOTISWAR SINGHCommissioner, Bruhat Bangalore Mahanagara Palike – AppellantVersusK. K. Umesh Kumar – Respondent

Cases Referred (4)

SANJAY KAROL, N. KOTISWAR SINGH
Commissioner, Bruhat Bangalore Mahanagara Palike – Appellant
Versus
K. K. Umesh Kumar – Respondent