A Tree Fell On The Auto He Was Sitting In. The Court Made Three Bodies Pay.
The tribunal called it a natural calamity and dismissed the claim. The Supreme Court let an award of over seventeen lakh rupees stand, split between the insurer, the city corporation and the horticulture department.
The Court took a liberal interpretation of the word ‘use’: in ordinary circumstances the injured person's presence in the auto rickshaw suffices as use of the vehicle. It also recognised that where the motor vehicle plays no active role and is not part of the proximate cause, a claim specifically under Section 166 sits awkwardly. The award of Rs 17,10,500 was left in place, with the insurer paying half and the city corporation and the State horticulture department a quarter each, all within four weeks.
- ‘Use’ is read liberally. Sitting in the auto was enough; the vehicle did not have to be moving.
- ‘Natural calamity’ did not end the claim. The tribunal's dismissal on that basis did not survive.
- Liability was shared. Insurer 50 per cent, the municipal corporation and the horticulture department 25 per cent each.
- Payment was made concrete — direct to the claimant's bank account, within four weeks, by every one of the three.
- Court
- Supreme Court of India
- Bench
- Justice N Kotiswar Singh, Justice Sanjay Karol
- Citation
- 2026 INSC 637
- Reported
- [2026] 7 S.C.R. 101
- Case
- CIVIL APPEAL/8455/2026
- Decided
- 10 June 2026
- Outcome
- Appeal disposed of; award of Rs 17,10,500 sustained and apportioned
What happened
The claimant was travelling in an auto rickshaw. Heavy rain came on and the auto stopped under a tree to wait it out. A branch broke off and fell on the roof of the vehicle, injuring him. He was admitted to hospital and treated.
He filed a claim petition. The tribunal dismissed it, holding the incident to be a natural calamity. In a first round the High Court dismissed the matter on delay; in a second round it awarded Rs 17,10,500 and split the liability three ways.
What the Supreme Court said about ‘use’
The term ‘use’ in the Motor Vehicles Act is read liberally. In ordinary circumstances the presence of the claimant in the auto rickshaw suffices as use of the vehicle, so the fact that it was stationary and waiting out the rain did not defeat him.
The Court was equally candid about the other side of it: the motor vehicle itself played no active role in the accident and was not part of the proximate cause, so a claim specifically under Section 166 does not sit entirely comfortably.
The practical answer was apportionment. The insurer of the auto pays half; the municipal corporation and the State horticulture department — the bodies responsible for the tree — pay a quarter each, directly into the claimant's account within four weeks.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
If a tree falls on the vehicle I am sitting in, can I claim?
Yes. The Supreme Court read 'use' of the vehicle liberally and held that presence in the auto sufficed, letting an award of Rs 17,10,500 stand.
Who pays when a municipal tree causes the injury?
Here the liability was split: the insurer half, and the municipal corporation and the State horticulture department a quarter each.
Does it matter that the vehicle was not moving?
Not on these facts. The vehicle had stopped to wait out the rain and the claim still succeeded.
When something falls on a vehicle
- Do not accept ‘natural calamity’ as the end of the matter. It was the tribunal's reason here and it did not hold.
- Join the bodies responsible for the hazard as well as the insurer — the corporation and the horticulture or forestry department where a tree is involved.
- Plead ‘use’ expressly, and rely on presence in the vehicle; the term is read liberally.
- Ask for direct payment into the claimant's account with a time limit, which is what the Court ordered.
Source. Supreme Court of India, 2026 INSC 637, [2026] 7 S.C.R. 101, CIVIL APPEAL/8455/2026, decided 10 June 2026 by Justice N Kotiswar Singh, Justice Sanjay Karol. This explainer is written from the judgment text as reported.
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