Case Law Details
Delay in filing a first information report (FIR) of an accident is no ground to deny compensation under the Motor Vehicles Act, the Supreme Court stated in the case, Ravi vs Badrinarayan. In this case, an 8-year-old boy was hit by a motor vehicle and he was taken to the hospital by his father and others. The report was filed after three months, as the child suffered severe permanent injuries. He lost control of his kidney function. The motor vehicles tribunal and the Rajasthan high court, however, dismissed the claim for compensation on the ground that the FIR was not filed immediately. Reversing this view, the Supreme Court awarded him Rs 2.5 lakh. It said: “Knowing the Indian conditions as they are, we cannot expect a common man to first rush to the police station immediately after an accident. Human nature and family responsibilities occupy the mind of kith and kin to such an extent that they give more importance to get the victim treated rather than to rush to the police station. Under such circumstances, they are not expected to act mechanically with promptitude in lodging the FIR.”
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1926 of 2011
[Arising out of S.L.P. (C) No.11974 of 2008]
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This is a LAND MARK JUDGEMENT, which will pave way for future acceptance of claims under motor vehicle Act. To day Insurance is making all false motives to deny claim. While taking the policy all kinds of polish talk comes from the company but when in the event of an accident nothing is worth and all vanish as a fog. Insurance companies should be more compasanate rathan than legal and dening tactics.