The entitlement to recovery rights in motor vehicle accident cases depends on whether the driver's license was endorsed for the specific type of vehicle involved in the accident.

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10.01.2023

1. The present appeal has been filed assailing the award dated

26.04.2016

passed

by

the

learned

MACT

in

MAC

Petition

No.212/2014. Vide the impugned award, the learned Tribunal has

awarded compensation of a sum of Rs. 22,80,008/- with interest @

12% p.a. in favour of respondent nos.1 to 4.

2. The primary grievance of the appellant before this Court is that no

recovery rights have been granted in its favour even though it was the

appellant’s specific plea that the driving license of the driver of the

insured vehicle had not been endorsed for driving HGV(Heavy Goods

Vehicles).

3. The record shows that taking into account this plea, this Court, vide

its order dated 03.10.2016 had allowed the appeal partly by reducing

the rate of interest from 12% p.a. to 9% p.a. and granting recovery

rights to the appellant against the driver and owner of the offending

vehicle. It is after passing of the said order that the application being

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 09:08:59

CM APPL. 29672/2019 has been filed by respondent no.6 seeking

recall of the order granting recovery rights to the appellant. Even

though no reply to this application has been filed by the appellant, a

perusal of the application shows that it is the case of the applicant that

the driving license of the driver had been in fact been endorsed for

driving HGV(Heavy Goods Vehicles) as well. This aspect has

admittedly not been considered by the learned Tribunal.

4. In these circumstances, the order dated 03.10.2016 is so far as it

relates to the right of recovery granted to the appellant deserves to be

set aside and is accordingly, set aside. However, since it is the

appellant’s case that there was no such endorsement on the driving

licence of the driver of the insured vehicle, it would be in the interest

of justice that this aspect is considered by the learned Tribunal afresh

after taking into account the document as may be sought to be

produced by the appellant and respondent no.6.

5. The impugned award is accordingly set aside to this extent and the

matter

is,

remanded

back

to

the

learned

Tribunal

for

fresh

determination of the issue of liability to pay the compensation. The

learned Tribunal will while determining as to whether the appellant

would be entitled to any recovery rights against the owner and driver

of the insured vehicle, take into account the documents filed by both

the appellant and respondent no. 6.

6. The appeal along with pending applications is, accordingly, disposed

of in the aforesaid terms.

REKHA PALLI, J

JANUARY 10, 2023/kk

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 09:08:59