$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 06^th December, 2024 + MAC.APP. 113/2021& CM APPL. 7966/2021 & 42931/2021 INDRAPRASTHA LOGISTICS PRIVATE LIMITED.....Appellant Through: Mr. Gurjot Singh, Mr. Rishi Sood and Mr. Tushar, Advocates.

versus NAVEEN KUMAR & ORS. .....Respondents Through: Mr. Sankar N.Sinha, Advocate.

CORAM:

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

1. The Appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed on behalf of the Appellant/owner of the offending vehicle to challenge the Recovery Rights granted against him in favour of the Insurance Company, vide Award dated 18.11.2020.

2. The main ground of challenge is that the Recovery Rights have been granted only because the driver was found drunk. It is submitted by the learned counsel for the Appellant that the vehicle had been handed over to the driver,at about 6 a.m. while the accident took place at 10.50 AM. The owner cannot be held vicariously responsible for the individual dereliction of the driver. Thus, the Recovery Rights have been wrongly granted.

3. Reliance has been placed on the cases of Bajaj Alliance General vs. Smt. Manju Devi and Ors, in M