$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29^th November, 2024 + MAC.APP. 212/2024 & CM APPL. 23738/2024 VEER SINGH & ANR. .....Appellants Through: Mr. Naveen Kumar Chaudhary, Mr. Sahdev Singh & Mr. Harshit Chaudhary, Advocates Versus NAVEEN @ BABLU & ORS. .....Respondents Through: Ms. Aakansha Kaul, Mr. Pravan Gupta, Mr. Mohd. Arif & Mr. Kumal, Awana Advocate for the applicant Mr. Ravi Sabharwal, Advocate for Respondent No.4 CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. The present appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the appellant/ Owner against the Recovery Rights granted against him to the Insurance Company/ respondent.

2. The learned Motor Accident Claims Tribunal vide judgment dated 07.08.2023 in MACT No. 781/2018 has held that on the date of the accident the driver of the offending vehicle was driving without any valid license, which entitles the Insurance Company to the recovery rights from the owner. 3. The challenge to the impugned Award by the owner is on the ground that at the time of engaging the services of the Driver, he had checked the driving license of the driver, which was found to be valid. It is only for the Signature Not Verified DigitallySigned By:SAHIL MAC.APP. 212/2024 Page 1 of 8 intermittent period when the accident occurred that the driving license had expired. The owner had taken due care and caution to check the validity of the driving license and therefore, the recovery rights may be recalled. Reliance is placed upon decision by the Apex Court in Civil Appeal No.7220/2011, titled as Beli Ram. Vs. Rajinder Kumar & Anr.

4. Learned counsel on behalf of the Insurance Company has contended that the Driving License of the driver was valid from 31.10.2011 till 30.10.2016. Thereafter, the accident occurred on 04.02.2018. The Driving License was issued afresh in March, 2018 i.e. after one month of the accident. There was no driving license with the driver from November, 2016 till March, 2018. It is submitted that it is not a case of fake driving license, but of there being no valid subsisting license in the name of the Driver.

5. Reliance has been placed upon decision by the Apex Court in Civil Appeal No. 4919/2022 (arising out of SLP (CIVIL) No. 24933/2019, Rishipal Singh Vs. New India Assurance Co.Ltd. & Ors. and a decision of this Court dated 18.11.2019 in MAC.APP 882/2019, titled as The Oriental Insurance Co. Ltd.Vs. Mohit Dabas & Ors.

6. Submissions heard and record perused.

7. Briefly stated, on 04.02.2018 at about 04:00 PM, while the injured was driving motorcycle bearing registration No. UP 14B-W-6012 and was coming from Village Rawali via Bama Road and as he crossed the Pulia of Village Dindar, a Tractor bearing No. UP 15 CF 6291 came from opposite direction. It was being driven by its driver- appellant No.1 Veer Singh at a high speed and in a rash and negligent manner and he hit the motorcycle and fled away from the spot. Because of the impact, the motorcycle fell and the Signature Not Verified DigitallySigned By:SAHIL MAC.APP. 212/2024 Page 2 of 8 occupants sustained grievous injuries.

8. An FIR bearing No. 128/2018 under Sections 279/337/338 IPC was registered at Police Station Muradnagar, District Ghaziabad, UP against the Driver.

9. The learned Tribunal vide impugned Award dated 07.08.2023 awarded compensation to the injured persons and directed the Insurance Company to deposit the awarded amount. However, the recovery rights were granted to the Insurance Company, against the owner of the offending vehicle.

10. The sole ground for consideration is whether the owner is not liable to repay the compensation amount to the Insurance Company.

11. The owner of the offending vehicle, appellant No.2 Amit Kumar, tendered his affidavit in evidence as Ex. R2W1. He deposed that driver Virender Singh has been known to him for more than 10 years and they have visiting terms. Since 2015, he used to handover his tractor