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Festival of Faith Turns to Fight for Justice: Supreme Court Sides with Victims in Insurance Clash
In a poignant ruling on the fringes of a Ganesh immersion procession, the has restored hope for accident victims' families. A bench comprising Justice Prashant Kumar Mishra and Justice N.V. Anjaria allowed the appeal by Kaminiben & Ors. against & Ors. , overturning a decision. The court directed the insurer to first pay ₹13.23 lakh compensation—awarded by the —and recover it from the vehicle owner, emphasizing compassion in motor accident claims.
A Tempo Laden with Devotion Meets Disaster
The tragedy unfolded during the Ganesh Immersion festival when the deceased was traveling in a rented tempo—a goods vehicle insured by Oriental Insurance—heading to immerse the idol in the Narmada River. The tempo's primary purpose was transporting the Ganesh idol, with human passengers incidental to the task. The Tribunal, in its award, held the claimants entitled to ₹13.23 lakh, directing the insurer to deposit it upfront and recover from the owner.
The insurer appealed, arguing against this " " mechanism. The High Court agreed, absolving the insurer of initial liability. Claimants then approached the Supreme Court via SLP (Civil) No. 21802/2023, decided on .
Claimants Invoke ' ' Precedent
Appellants' counsel, , leaned on Manuara Khatun & Ors. v. Rajesh Kumar Singh & Ors. (2017) 4 SCC 796, which endorsed National Insurance Co. Ltd. v. Saju P. Paul (2013) 2 SCC 41. These cases affirmed that for in goods vehicles, insurers should pay claimants first and recover from owners, balancing victim relief with policy limits under .
Insurer Counters: Not a Blanket Rule
Oriental Insurance, represented adeptly, cited Amudhavalli & Ors. v. HDFC Ergo General Insurance Co. Ltd. (2025 INSC 1219). They argued that hiring a goods vehicle purely for travel excludes " ," distinguishing it from incidental passenger scenarios.
Bench Draws Fine Lines Between Precedents
The Supreme Court meticulously parsed the facts: the tempo was hired dominantly for the idol, not passengers—making the deceased a
"
."
Amudhavalli
was distinguished as a pure travel hire, unlike here. Instead, the bench favored
Manuara Khatun
, quoting its approval of
Saju P. Paul
's equitable direction amid the MV Act's benevolent object.
This wasn't mere precedent stacking; the court clarified that incidental travel in goods vehicles triggers insurer responsibility to claimants, recoverable later—preventing prolonged suffering for families.
Key Observations
"The dominant purpose for hiring the vehicle was not for travelling but for carrying the Ganesh idol for immersion. Travelling in the vehicle was only incidental, therefore, at best, the deceased can be treated as(Ganesh idol)."
"In Manuara Khatun & Ors. (supra), this Court has referred and approved Saju P. Paul (supra) case to hold that when the victim was a gratuitous passenger, this Court issued directions against the insurer... to first satisfy the awarded sum, and then to recover the same from the insured."
"The said case of Amudhavalli & Ors. (supra)... is distinguishable on facts; and the facts of the present case is similar and closer to the one in the case of Saju P. Paul (supra) and Manuara Khatun & Ors. (supra)."
Victory Restored: Tribunal Award Revived
The appeal was allowed, High Court order set aside, and Tribunal's award reinstated:
"We allow the Appeal and set aside the impugned order of the High Court and restore the award passed by the Tribunal."
If the insurer paid any part, it adjusts against the total. No costs ordered; pending applications disposed.
This ruling reinforces victim-centric justice in motor claims, ensuring swift payouts even for in festival-tied goods vehicles. Future cases may see tribunals more readily invoking " ," easing burdens on heirs while holding owners accountable— a festival win for equity on India's roads.
