Judgment

Deepak Verma, J.

1. Leave granted.

2. Cruel hands of destiny played havoc with the life of Ravi, then aged 8 years, on account of motor road accident, on 7.10.2001 at about 8.30 AM, when rear side of truck bearing Registration No. RJP - 1008, driven by Respondent No. 1 - Badrinarayan, owned by Respondent No. 2 - Prahlad Singh and insured with Respondent No. 3 - M/s. National Insurance Company Limited, hit the victim, causing multiple injuries to him. To add to his miseries, his claim petition filed under Section 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter shall be referred to as 'M.V. Act') before Motor Accident Claims Tribunal, Jaipur (for short, `MACT'), registered as Claim Petition No. 865 of 2004, came to be dismissed on 19.9.2007 by learned Presiding Judge of the said Tribunal, mainly on the ground that formal FIR of the incident was lodged belatedly and Appellant failed to establish that on the fateful day, the said truck was involved in a motor road accident causing injuries to him.

3. An appeal filed before the learned Single Judge of the High Court of Judicature for Rajasthan, Jaipur under Section 173 of the M.V. Act also came to be dismissed on 29.10.2007. Thus, all hopes of, at least, getting some amount of compensation to mitigate the miseries of the victim so as to lead a respectful and decent life had come to a grinding halt. It is under these circumstances, he has preferred the present appeal.

4. The question which arises for our consideration in this Appeal is as to whether delay in lodging the FIR of the accident could prove fatal so as to result into dismissal of the Claim Petition filed by the claimant?

5. Facts shorn of unnecessary details are as under:- On 7.10.2001, at about 8.30 AM, Ravi was attending to his call of nature, just in front of his house. There appears to be a 20' wide kutcha road in front of the said house. At that time, Respondent No. 1, Badrinarayan, was reversing truck bearing Registration No. RJP - 1008. Since there was no conductor, probably, he was not able to notice that Ravi was sitting on the side of the road, thus while reversing the vehicle rashly and negligently, it hit him from behind. The said accident was witnessed by AW 1 -Suresh Kumar, father of the victim and AW 2, Hari Narayan. Soon after the accident, both of them took Ravi to the hospital for treatment. Thus, they were not in a position to lodge the FIR immediately. Even though police had come to the hospital to record FIR but it could not be recorded on account of mental agony and stress through which AW 1 -Suresh Kumar was passing. Obviously at that point of time, he was more concerned to get the medical treatment for his son rather than lodging FIR. Being a common man, oblivious of the niceties of law, he did not deem it necessary to lodge the FIR immediately. Statements of Hari Narayan, Suresh Kumar, Asif Khan and Ravi were recorded under Section 161 CrPC. On notice being issued under Section 133 of the M.V. Act, the owner of the vehicle submitted the following reply : "It is submitted that as per the registration I am owner of truck no. RJP1008. On 7.10.2001 and at the time of the accident, my truck was being driven by the driver Badri Narayan S/o sh. Ram Nath Cast, Brahmin, Age 45 years R/o Purana Ghat, opposite Khaniya Dayal Hospital, Police Station -Transport Nagar, Jaipur. I was informed about the said accident on phone on the very same day.

Sd/- (Prahlad Singh)

Dated: 16.3.2002."

6. This admission of Prahlad Singh, owner of the vehicle, amply proves that he was aware of the accident and knew that his truck bearing Registration No. RJP - 1008 had met with accident on 7.10.01. Even though the aforesaid statement of Respondent No. 2, Prahlad Singh, was recorded on 16.3.2002, but in this statement he has categorically admitted that he was informed about the said accident on phone on the very same day, i.e., on 7.10.01. It is also not in dispute that at the relevant point of time the said t