MANISH GARG & ANR. vs UNITED INDIA INSURANCE CO. LTD & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 19.06.2025 + MAC.APP. 11/2023, CM APPL. 932/2023 & CM APPL. 934/2023 MANISH GARG & ANR. .....Appellants versus UNITED INDIA INSURANCE CO. LTD & ANR. .....Respondents Advocates who appeared in this case: For the Appellants : Mr. Neeraj Goyal, Adv. through V.C. For the Respondents : Mr. Animesh Sinha, Mr. Shubham Budhiraja & Ms. Jagriti Singh, Advs. for R- 1. Mr. Shrey Chathly, Adv. for R-2. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT CM APPL. 934/2023 (application to place the additional evidence on record) 1. The appeal arises out of the judgment and award dated 17.08.2022 (hereafter ‘impugned award’) passed by the learned Motor Accidents Claims Tribunal in MACT No. 72/2019 and MACT Signature Not Verified Signed By:SANJAY KUMAR MAC.APP. 11/2023 Page 1 of 16 Signing Date:24.06.2025 13:02:08 No. 714/2022, whereby the learned Tribunal granted the right of recovery to the insurer — United India Assurance Co. Ltd. — against the driver and owner of the offending vehicle. 2. The present application has been filed by the appellants under Order XLI Rule 27 of the Code of Civil Procedure, 1908 (‘CPC’) seeking to place on record training certificates of Appellant No. 2/driver required for plying hazardous goods vehicle required under Rule 9 of the Central Motor Vehicle Rules, 1989 (‘MV Rules’). The appellants further pray to place on record the affidavits of the appellants to the effect that at the time of the accident the offending oil tanker was not carrying any hazardous substance. 3. The learned counsel for the appellants submitted that the said training certificates had been misplaced and could not be procured even after due diligence by Appellant No. 2/driver. He submitted that it was only after passing of