VidhiSangh

Supreme Court of India · 23/06/2026

THE ORIENTAL INSURANCE COMPANY LIMITED versus KALU RAM AND OTHERS

[2026] 7 S.C.R. 195 · 2026 INSC 653

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Summary

In cross-appeals over the death of a 20-year-old CA Final student whose car hit a truck left unlit on the road at night, the Supreme Court upheld the concurrent finding that the truck driver alone was negligent. It declined either to reduce or to enhance the loss-of-dependency award, despite the overlap of a forward-looking income assessment with a further 50% for future prospects, but added Rs. 40,000 to each parent for filial consortium.

Issues

  1. Whether the concurrent finding that the truck driver was negligent, with no contributory negligence by the car driver, called for interference.
  2. Whether the loss-of-dependency award was excessive because a 50% future-prospects addition was made over an income already assessed on the deceased's future professional prospects.
  3. Whether the claimants were entitled to enhancement, including under the omitted conventional head of filial consortium.

Provisions considered

Held

Result

Insurer's appeal dismissed; claimants' appeal partly allowed. Compensation enhanced from Rs. 81,21,900 to Rs. 82,01,900 by adding Rs. 80,000 for filial consortium, with interest at the Tribunal's rate; the insurer to deposit the enhanced amount before the Tribunal within four weeks.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 195.