Delhi High Court - Orders
Spectrum Concrete Pvt Ltd vs New India Assurance Company Limited & ... on 11 May, 2026
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 791/2025 & CM APPL. 77952-77953/2025
SPECTRUM CONCRETE PVT LTD .....Appellant
Through: Mr. Sanjay Rathi, Mr. Sanchit
Jaglana, Advocates.
versus
NEW INDIA ASSURANCE COMPANY LIMITED & ORS.
.....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 11.05.2026
1. No one appears on behalf of respondent no.1/Insurance Company.
2. Issue Court Notice to the counsels, who have appeared for respondent no.1 previously, to be present on the next date of hearing.
3. Mr. Sanjay Rathi, Advocate, appears for the appellant and relies on National Insurance Co. Ltd v. Swaran Singh & Ors. 2004 SCC (Criminal) 733, in particular paragraph no.110 (iii), to contend that the Insurance Company has not addressed or proven the issue of negligence on part of the owner of the offending vehicle (appellant herein), which it was bound to do in terms of the judgment in Swaran Singh (supra).
4. The license of the driver expired on 13th May 2018 and, thereafter, was only renewed on 25th July 2019, while the accident took place on 26th June 2019. The cross-examination of R2W1, Sh. Rajesh Gupta, Director of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2026 at 20:56:27 the appellant-Company, seems to suggest that they did maintain the records of the driving licenses and leaves of the drivers working with the Company. This aspect came up in the cross-examination of R2W1 by the Insurance Company.
5. Mr. Rathi argues that despite the cross-examination, the issue of negligence was still not asserted by the Insurance Company and, therefore, they have a right to be exonerated on the issue of liability.
6. The matter is listed before the Executing Court on 20th July 2026.
7. Accordingly, list on 16th July 2026.
8. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 11, 2026/ak/bp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2026 at 20:56:27