National Insurance Co. Ltd vs. Nithin
AI Summary
The Supreme Court has condoned the delay in a Special Leave Petition filed by National Insurance Co. Ltd. challenging a High Court order on compensation. While refusing to interfere with the compensation amount at this stage, the Court issued notice to the respondents on a significant question of law, signaling further legal scrutiny. This decision ensures the continuation of the legal battle, focusing on the underlying legal principle rather than the compensation quantum itself.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
National Insurance Co. Ltd. filed a Special Leave Petition (Diary No. 13636/2025) before the Supreme Court challenging the High Court of Karnataka at Bengaluru's judgment and order dated 2024-11-05 in MFA No. 8639/2018 (MV-I), which concerned compensation. The petition involved a delay in filing, for which IA No. 88994/2025 was submitted. The Supreme Court, on 2025-04-17, condoned this delay, decided not to interfere with the compensation amount, but issued notice on a specific question of law, scheduling the next hearing for 2025-05-09.
Timeline of Events
MFA No. 8639/2018 (MV-I) filed in the High Court of Karnataka.
High Court of Karnataka at Bengaluru passes final judgment and order in MFA No. 8639/2018 (MV-I).
Special Leave Petition (Civil) Diary No. 13636/2025 filed in the Supreme Court.
IA No. 88994/2025 for Condonation of Delay in Filing filed.
Supreme Court hears the matter, condones delay, and issues notice on a question of law.
Next date of listing for the matter in Supreme Court.
Key Factual Findings
The delay in filing the Special Leave Petition is condoned.
Source: Current Court Finding
The Court is not inclined to interfere with the amount of compensation determined by the High Court.
Source: Current Court Finding
A question of law is involved in the present petition that warrants issuing notice.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Questions of Law
Statutes Applied
Petitioner's Arguments
The petitioner, National Insurance Co. Ltd., challenged the High Court's judgment and order dated 2024-11-05, specifically questioning the amount of compensation determined in the motor vehicle accident case. They also sought condonation of delay in filing their Special Leave Petition.
Respondent's Arguments
No specific arguments for the respondent side are detailed in this order, as notice is yet to be served and a counter affidavit is awaited. Implicitly, they would defend the High Court's compensation award.
Court's Reasoning
The Supreme Court condoned the delay in filing the Special Leave Petition, indicating it found sufficient grounds to overlook the delay. The Court expressed that it was not inclined to interfere with the compensation amount already determined by the High Court, suggesting a preliminary satisfaction with the quantum. However, it deemed a specific 'question of law' important enough to issue notice, signaling a need for further legal examination on that particular aspect, distinct from the compensation quantum.
- Emphasis on Substantive Justice (by condoning delay to allow a hearing)
- Judicial Prudence (by not interfering with compensation quantum at this stage but exploring a question of law)
Impugned Orders
Specific Directions
- 1.Delay in filing the Special Leave Petition is condoned.
- 2.Notice is to be issued on the question of law involved in the present petition.
- 3.Dasti service, in addition, is permitted for the notice.
- 4.Steps for service of notice must be taken within two weeks.
- 5.The notice shall explicitly mention that respondents are required to file a counter affidavit before the next date of listing.
- 6.The matter is to be listed on 2025-05-09.
Precedential Assessment
Persuasive (Procedural guidance and preliminary view on quantum)
This is an interim procedural order primarily dealing with condonation of delay and issuance of notice. While the Court's stance on not interfering with the compensation quantum is a significant observation, the full legal issue remains open for detailed arguments after notice. It offers guidance on the Supreme Court's approach to such procedural matters and preliminary review of compensation awards.
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
17 Apr 2025
Original Order Copy
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Order Text
COURT NO.16
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 13636/2025 [Arising out of impugned final judgment and order dated 05-11-2024 in MFA No. 8639/2018 (MV-I) passed by the High Court of Karnataka at Bengaluru]
NATIONAL INSURANCE CO. LTD.
<pre>Petitioner(s)</pre>VERSUS
NITHIN & ANR.
Respondent(s)
(IA No. 88994/2025 - CONDONATION OF DELAY IN FILING)
Date: 17-04-2025 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE MANOJ MISRA
For Petitioner(s) :Mr. Amit Kumar Singh, AOR Ms. K Enatoli Sema, Adv. Ms. Chubalemla Chang, Adv. Mr. Prana Newmai, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following O R D E R
1. Petitioner lays challenge to the judgment and order dated 05-11-2024 in MFA No. 8639/2018 (MV-I) titled "Master Nithin (Minor) Vs. Sri K.G. Sudheendra & Anr." passed by the High Court of Karnataka at Bengaluru.
$\mathbf{2}$ . Delay condoned.
We are not inclined to interfere with the amount of $3.$ compensation determined by the High Court.
Signam/MenNet Verified However, we issue notice on the question of law involved 13:40 The present petition.
$\mathbf{1}$
5. Dasti service, in addition, is permitted. Let steps for service be taken within two weeks.
6. In the notice itself let it be mentioned that respondents are required to file the counter affidavit before the next date of listing.
7. List on 09.05.2025.
(RAJNI MUKHI) (ANU BHALLA) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)