AMIT SHARMA vs NEW INDIA ASSURANCE CO. PVT. LTD AND ORS

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:16.05.2025 + MAC.APP. 211/2023 AMIT SHARMA ..... Appellant versus NEW INDIA ASSURANCE CO. PVT. LTD AND ORS ..... Respondents + MAC.APP. 212/2023 TUFANI YADAV ..... Appellant versus NEW INDIA ASSURANCE CO. PVT. LTD AND ORS ..... Respondents Advocates who appeared in this case: For the Appellants : Mr. Pradeep Rana, Ms. Riya Rana, Mr. Ankit Rana, Mr. Kartik Gadi, Mr. Robin Singh, Mr. Deepak Chillar & Mr. Tushar Rohmetra, Advocates. For the Respondents : Mr. Aditya Kumar & Ms. Ila Nath, Advocates for Respondent No.1. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN Signature Not Verified Signed By:HARMINDER KAUR MAC.APP. 211/2023 & MAC.APP. 212/2023 Page 1 of 11 Signing Date:19.05.2025 17:06:16 JUDGMENT 1. The present appeals arise out of the judgment and award dated 24.12.2022 (hereafter ‘impugned award’) passed by the learned Presiding Officer, MACT-02 (West), Tis Hazari Courts, Delhi in MACP No. 126/2019, whereby compensation for a sum of ₹35,84,328/- along with interest at the rate of 6% per annum from the date of filing of the petition till realization was awarded in favour of the claimants, with the right of recovery granted to the insurer — New India Assurance Co. Ltd. — against the driver and owner of the offending vehicle. 2. While MAC.APP. 211/2023 has been filed by the owner of the offending vehicle, namely Amit Sharma, MAC.APP. 212/2023 has been preferred by the driver, Tufani Yadav. Both appellants assail the impugned direction allowing recovery rights to the insurer, contending that the said finding is erroneous in law and on facts, as the driver was duly qualified and competent to operate the vehicle in question. 3. Briefly stated, on 01.06.2018, the deceased Neeraj Kumar, while travelling on his motorcycl