Oriental Insurance Company Limited vs Kalu Ram

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 723

PRASHANT KUMAR MISHRA, N. V. ANJARIA
Oriental Insurance Company Limited – Appellant
Versus
Kalu Ram – Respondent

Advocates appeared:
For the Appellant(s) : Mr. T. Mahipal, AOR Mr. Rohit Kumar Sinha, Adv. Mr. Surya Kamal Mishra, Adv. Mr. Partap Singh, Adv. Mr. Arun Yadav, Adv. Ms. Chetna Yadav, Adv. Mr. Mayank Kumar Singh, Adv. Mr. B.N Yadav, Adv. Mr. Ashutosh Yadav, AOR Mr. Yadav Narender Singh, AOR
For the Respondent(s): Mr. Partap Singh, Adv. Mr. Arun Yadav, Adv. Ms. Chetna Yadav, Adv. Mr. Mayank Kumar Singh, Adv. Mr. B.N Bajpai, Adv. Mr. Ashutosh Yadav, AOR Mr. Yadav Narender Singh, AOR Mr. T. Mahipal, AOR Mr. Rohit Kumar Sinha, Adv. Mr. Surya Kamal Mishra, Adv.

JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. Leave granted.

2. These cross-appeals arise out of the common judgment dated 08.08.2022 passed by the High Court of Delhi¹[For short, ‘High Court’] in MAC.APP. No. 79 of 2018 and MAC.APP. No. 702 of 2018, whereby the High Court dismissed the appeals preferred by the insurer as well as the claimants and affirmed the award dated 30.11.2017 passed by the Motor Accident Claims Tribunal²[For short, ‘Tribunal’], Saket Courts, New Delhi, in Suit No. 3059 of 2016.

3. The case arises out of a motor vehicular accident that occurred in the early hours of 11.06.2013. The deceased, Akash Kumar, aged about 20 years, was travelling in a Wagon-R car bearing registration No. DL-6CH-6143, driven by his roommate, Nikhil Kumar Jain. At about 3:00 a.m., when the vehicle reached near Andrews Ganj Bus Stop on the BRT Corridor, Delhi, it collided with a truck bearing registration No. HR-55B-0379.

4. According to the claimants, the truck had been stationed in the middle of the road without any parking lights, indicators, reflectors or warning signs and, owing to the darkness and absence of any cautionary indication, it was not visible to the driver of the car. As a result

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2026 Supreme(SC) 723

PRASHANT KUMAR MISHRA, N. V. ANJARIAOriental Insurance Company Limited – AppellantVersusKalu Ram – Respondent

Cases Referred (2)

PRASHANT KUMAR MISHRA, N. V. ANJARIA
Oriental Insurance Company Limited – Appellant
Versus
Kalu Ram – Respondent