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Motor Accident Compensation LawSupreme Court of India

Gohar Mohammed vs Uttar Pradesh State Road Transport Corporation & Ors.

Civil Appeal · 2022 INSC 1282Decided 15 Dec 2022
Civil Appeal No. 9322 of 2022
S. Abdul Nazeer · J.K. Maheshwari

Background

Gohar Mohammed was the owner of a bus that, while being driven on 29 July 2012, hit the car of a 24-year-old company Managing Director from behind, killing him. The Motor Accident Claims Tribunal awarded the deceased's family about Rs. 31.9 lakh, holding the bus owner (appellant) personally liable to reimburse the insurer because the bus was being driven outside the route covered by its permit, breaching the insurance policy's terms. The Delhi High Court upheld this finding. Gohar Mohammed appealed to the Supreme Court, arguing he did hold a valid permit and the lower courts wrongly disbelieved his documentary evidence.

Decision Breakdown

The Supreme Court dismissed Gohar Mohammed's own appeal, holding that the concurrent factual findings of the Tribunal and High Court (that he lacked a valid, route-appropriate permit at the time of the accident) were not perverse or irrational and required no interference, so his liability to reimburse the insurer stood. Separately, because counsel and amici curiae flagged chronic, nationwide delays in disposing of motor accident claims, the Court used the same judgment to lay down detailed, binding directions to Claims Tribunals, police, insurers, and State authorities across India, covering time-bound accident intimation, evidence recording via Local Commissioners, digital claim tracking, and compliance with the 2019 Motor Vehicles Amendment Act and 2022 Rules, to speed up settlement of claims generally.

Lesson Learnt

A vehicle's insurance cover can be defeated if it is driven outside the route or terms authorized by its permit, shifting the compensation burden onto the owner personally; separately, the Supreme Court used this case to order concrete, nationwide procedural reforms so that motor accident victims' families are not left waiting years for compensation.

Gohar Mohammed vs Uttar Pradesh State Road Transport Corporation & Ors. – Legal Case Shots | LegalAware