2026 INSC 208
Non-Reportable
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
Civil Appeal No…………of 2026 (@Special Leave Petition (C) No.14988 of 2023)
Oriental Insurance Company Limited.
Appellant
Versus
Tata AIG General Insurance Company Limited and Ors.
Respondents
O R D E R
Leave granted. 2. The appeal essentially raises the question of
which insurance company has the liability to satisfy
the award in favour of the claimant, injured in the
collision of two vehicles. The brief facts to be noticed
are that on 19.05.2013 at around 11:00 pm, there
occurred a collision between a trailer and a truck.
The trailer is insured by the appellant herein while
the truck is insured by the respondent insurance
company. The Tribunal, looking at the evidence of the
claimant, who was a Cleaner in the truck and
Page 1 of 7 CA @ SLP (C) No. 14988 of 2023
travelling in it, found negligence on the truck driver.
The High Court, on an appeal by the insurer of the
truck reversed the findings of the Tribunal and put the
liability on the insurer of the trailer. 3. Admittedly, the trailer was moving in front and
the truck behind it. The allegation in the claim
petition was that the sudden brake applied by the
trailer resulted in a collision, injuring the cleaner
grievously. The trailer driver applied brakes
negligently contends the respondent while the
appellant asserts negli...