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Supreme Court Probes NHAI Liability After 12-Hour NH 544 Jam

The bench examined whether NHAI owes compensation for fuel and time losses after a truck toppled into a pothole on an unfinished stretch, reserving its verdict.

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Overview

  • The Supreme Court heard challenges by NHAI and Guruvayoor Infrastructure of the Kerala High Court’s August 6 order suspending tolls at Paliyekkara, citing severe congestion on the NH 544 stretch.
  • On August 14, a bench led by Chief Justice B.R. Gavai refused to stay the interim toll suspension ahead of today’s appeal hearing.
  • Solicitor General Tushar Mehta attributed the weekend’s 12-hour blockage to an overturned lorry and monsoon-delayed underpass works, pointing to service roads and proposing a proportionate toll cut.
  • Justice Vinod Chandran rejected the ‘act of God’ defence, noting the truck fell into a pothole and highlighting the highway’s poor maintenance.
  • The justices suggested arbitration to clarify maintenance duties and signalled that NHAI could face claims to reimburse motorists for their fuel and time losses.