Mr. Sandeep Kumar Mahapatra, Mr. Sugam Kumar Mr. Sanjay Kumar Pathak, SC with Mr v. URMILA PAL & ORS

Through: Mr. A.K. Soni, Adv. for R-6. CORAM: HON’BLE MS. JUSTICE TARA VITASTA GANJU TARA VITASTA GANJU, J.: (Oral)

1. The present Appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 [hereinafter referred to as “MV Act”] impugning the award dated 19.04.2025 passed by the learned Presiding Officer, MACT, Patiala House Courts, Delhi [hereinafter referred to as “Impugned Award”]. By the Impugned Award, the compensation amount in the sum of Rs. 55,35,902/- along with interest at the rate of 7.5% per annum has been awarded by the learned Tribunal.

2. The Appeal has been filed by the driver and owner [the Appellants] of Signature Not Verified Digitally Signed By:RAHUL Signing Date:13.10.2025 18:52:18 MAC.APP. 445/2025 the vehicle in issue. The learned Counsel for the Appellant submits that the challenge in the present Appeal is not to the grant of compensation or the compensation awarded, but to the award of recovery rights against the Driver and Owner.

2.1 None appears for the Respondent/Claimants despite service. However and since there is no challenge to the quantum, the presence of the Respondent/Claimants is not requisite to decide this Appeal.

3. Learned Counsel for the Appellants further submits that the challenge in the present Appeal is on one ground. He submits that recovery rights have been granted against the Appellants by the learned Trial Court even though the Appellant No.1/son had a legal and valid driving license. He submits that the date of birth of Appellant No. 1 as stated in his driving license is

28.03.1996 which makes him a major of 23 years of age, as on the date of the accident which is 18.06.2019.

4. This Court had after briefly hearing the parties on 19.08.2025, passed the following order:- “1. Learned Counsel for the parties reiterates that since the quantum has not been challenge by either party, the service to Respondent Nos. 1 to 5 can be dispensed with. It is so directed.

2. Learned Counsel for the parties request for some time to comply with paragraph 10 of the order dated 21.07.2025. Let the needful be done three days before the next date of hearing.”

5. The learned Counsel for the Appellant seeks to rely upon the Detailed Accident Report [DAR] which has been filed along with the Appeal Paper Book as well as the Diving License of the Appellant No. 1 to submit that Signature Not Verified Digitally Signed By:RAHUL Signing Date:13.10.2025 18:52:18 MAC.APP. 445/2025 Appellant No. 1 was 23 years as on date and not a minor. It is submitted that since Appellant No. 1 had a valid Driving License, recovery rights could not be granted by the learned Tribunal, since there was no breach of the Insurance policy. The learned Counsel for Respondent No. 1 fairly concedes that Respondent No. 1 has also subsequently undertaken an inquiry with the Road Transport Authorities and found that the Appellant No. 1 did have a valid Driving License.

6. The Impugned Award, however, in paragraph 47 has, while discussing the liability has given a finding that Appellant No. 1, who was the son of Appellant No. 2, did not have a valid Driving License and despite which he was permitted to drive and, hence, granted recovery rights. The relevant extract of the Impugned Award is set out below:- “47. R1/driver of the offending vehicle was son of the registered owner/R-2. Thus, R-2 was well aware that his son, being a minor, was not entitled to drive a vehicle like Mahindra Xylo. Yet he permitted R-1 to driver it. As shown by the chargesheet, R-1 drove the vehicle rashly and negligently causing the accident which resulted in death of the injured. Such circumstances call for grant of recovery rights to Insurance Company/R-3 against R-2/registered owner.” [Emphasis Supplied]

7. The Driving License was filed before the learned Trial Court. A perusal of the Driving License shows that the date of birth of the Appellant No.1 is stated as 28.03.1996. The license also sets out that the Appellant No.1 is permitted to drive a Light Motor Vehicle’s from 05.06.2015 onwards. The accident occurred on 18.06.2019, thus, as on the date of the accident, the Appellant No.1 had a valid Driving License. Signature Not Verified Digitally Signed By:RAHUL Signing Date:13.10.2025 18:52:18 MAC.APP. 445/2025

7.1 This is also borne out from the DAR dated 24.02.2021, wherein it is stated that Appellant No. is 23 years old and that he has a valid Driving License. The relevant extract of the DAR is set out below:- “PART III- CIRCUMSTANCES OF THE ACCUSED DRIVER 17 Name and address 18 19 20 21 22 23 24 25 Age Gender Education Occupation Family Income (Monthly) A/C Number with name and address of the bank in which the driver is maintaining his account Driving License Particulars Driving License No. Whether Learner License Period of validity Issued by 26 In learner’s license Class Vehicle Whether driving license suspended Whether driving TNHB Arun Kumaran B S/o Shri Bharathi Raju R/o H.No. 4/24/4 Vasantha Nagar, Colony, Opp. Ettayapuram Road, Thoothukudi, Tamil Nadu – 628002 23 years Male Educated working with Indian Air Force Working with Indian Air Force Rs. 1.00 Lakh per month N/A TN69 20130004975 No Valid upto 11.06.2033 Authority, Transport Tuticorin, TN69 MCWG and LMV No N/A Signature Not Verified Digitally Signed By:RAHUL Signing Date:13.10.2025 18:52:18 MAC.APP. 445/2025 supervision Whether driving was lapsed learner license driver Whether owner/paid driver/otherwise Whether driving with consent of the owner driving Whether influence whether scientific report liquor/drugs, finding based on 27 28 29 N/A Registered owner is father of driver Yes No” [Emphasis Supplied]

8. In view of the undisputed findings, clearly the grant of recovery rights to the Insurance Company is contrary to the record. The Impugned Award to the extent that it grants recovery rights to the Insurance Company is set aside.

9. The Appeal is allowed in the aforegoing terms. The pending application stands closed.

10. The parties shall act based on the digitally signed copy of the order. TARA VITASTA GANJU, J OCTOBER 8, 2025 SU Signature Not Verified Digitally Signed By:RAHUL Signing Date:13.10.2025 18:52:18 MAC.APP. 445/2025