THE NEW INDIA ASSURANCE CO. LTD. vs SH. RAM ASRE AND ORS

Judgment text excerpt

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 11.08.2025 + MAC.APP. 499/2025 & CM Appl. 49177/2025 THE NEW INDIA ASSURANCE CO. LTD. .....Appellant Through: Mr. Amit Kumar Singh, Ms. Enatoli Sema, Ms. Chubalemla Chang and Mr. Prang Newmai, Advs. versus SH. RAM ASRE AND ORS .....Respondents Through: Mr. Vishal Arun Mishra, Ms. Rupali Panwar, Mr. Avinash Singh, Advs. for R-1. CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral) CM Appl. 49178/2025[Exemption from filing certified copies] 1. Allowed, subject to just exceptions. 2. The Application stands disposed of. CM Appl. 49179/2025[Seeking condonation of delay] 3. This is an Application filed on behalf of the Appellant seeking condonation of delay of 30 days in re-filing the present Appeal. 4. For the reasons as stated in the Application, the delay is condoned. 5. The Application stands disposed of. CM Appl. 49177/2025[Stay] 6. The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 impugning the award dated 05.04.2025 passed by the learned Presiding Officer, MACT-02, West, Tis Hazari Courts, Delhi Signature Not Verified Digitally Signed By:RAHUL Signing Date:13.08.2025 MAC.APP. 499/2025 Page 1 of 4 13:22:40 [hereinafter referred to as “Impugned Award”]. By the Impugned Award, the compensation amount in the sum of Rs. 17,40,982/- along with interest at the rate of 8% per annum has been awarded. 7. The challenge in the present Appeal is on two grounds. Firstly, learned Counsel for the Appellant raises a challenge on the aspect of liability inspite of the fact that there was no endorsement on the driving licence of Respondent No. 5/driver for transportation of hazardous goods. 7.1 Learned Counsel for the Appellant submits that the Central Motor Vehicl