VidhiSangh

Supreme Court of India · 11/06/2026

THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE versus K.K. UMESH KUMAR & ORS.

[2026] 7 S.C.R. 101 · 2026 INSC 637

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Summary

A branch of an old roadside tree fell on an autorickshaw parked during heavy rain and injured a passenger. The Supreme Court held that it would be unfair to fasten liability on the municipal corporation under the Motor Vehicles Act, and that a claim under Section 166 may not be appropriate because the vehicle played no active role in the accident. Even so, given the claimant's total paraplegia, it used Article 142 to enhance compensation to Rs. 25,00,000 and left the High Court's apportionment of liability undisturbed.

Issues

  1. Whether the municipal corporation could be held liable under the Motor Vehicles Act, 1988 for injuries caused when a roadside tree branch fell on a stationary autorickshaw.
  2. Whether a tree falling on a stationary vehicle is an accident 'arising out of the use of motor vehicles' that supports a claim under Section 166.
  3. Whether the claimant should be left to a fresh round of litigation, and whether the compensation awarded was adequate.

Provisions considered

Held

Result

Appeal disposed of; compensation enhanced to Rs. 25,00,000 with interest from the date of the claim petition under Article 142; apportionment among the corporation, the insurer and the Horticulture Department left undisturbed; amounts to be paid directly into the claimant's bank account within four weeks; no costs.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 101.