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 motorcycle, met with a fatal accident involving a goods carriage bearing registration no. DL-1LN-9032, driven allegedly in a rash and negligent manner by appellant Tu