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It is a fit case for a remit to the Tribunal on the limited extent of the grant of recovery rights against the appellant : High Court of Delhi

Parties shall appear before the tribunal for directions and tribunal shall have endeavour to conclude the recording of evidence on the limited aspect of grant of recovery rights and pass a fresh award expeditiously held by High Court of Delhi through the learned bench led by HON’BLE MR. JUSTICE SANJEEV SACHDEVA in the case of M/S GARG ROAD LINES & ANR vs. NATIONAL INSURANCE CO. LTD & ORS. (MAC.APP. 54/2022) on 09.03.2022.

Brief facts of the case are that the Tribunal has erred in holding that there was no valid driving license in favour of the driver, who was driving the offending vehicle and that the driving license was fake. And  the testimony of an officer from the Transport Authority has been referred to wherein he has deposed that there is no record of any license having been issued in the name of Anoop Kumar between the period 23.01.2003 to 22.01.2023. but the website of the RTO shows that the driving license number 530/FKB/2006 is issued in the name of Anup Kumar on 22.01.2003.

Learned counsel for petitioner contends that the driver had undergone the requisite training for transporting hazardous goods and as such there was no specific requirement for endorsement on the license. He relies on the judgment of a coordinate bench of this court dated 12.10.2017 in MAC.APP. 1043/2016, tittled “National Insurance Co. Ltd. Vs. Sonia Mittal & Others”. He further submits that the permit could not be produced before the Tribunal. However, he has filed the same before this Court.

Learned counsel for the insurance company contends  that the appellant did not produce the relevant records before the Tribunal and accordingly it has caused prejudice to the insurance company and in case the matter is to be remitted, appellant should be put to some terms.

In view of the fact, Court opined that that the impugned award relies on the testimony of the witness from the RTO, who has referred to the period from 23.01.2003 to 22.01.2023 and the driving license alleged to have been issued in favour of the driver is allegedly issued on 22.01.2003 and the website of the RTO is even as on date is showing the same having been issued and further the fact that the appellant has produced the certificate of training as well as the permit of the said vehicle valid during the relevant period, it is a fit case for a remit to the Tribunal on the limited extent of the grant of recovery rights against the appellant. Accordingly, the appeal is allowed to the limited extent that it grant recovery rights against the appellant, subject to payment of costs of Rs.25,000.

Parties shall appear before the Tribunal for directions on 25.03.2022. The Tribunal shall thereafter endeavour to conclude the recording of evidence on the limited aspect of grant of recovery rights and pass a fresh award expeditiously.

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Judgment reviewed by – Amit Singh

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