IMPORTANT POINT
Delay in lodging an FIR does not invalidate a compensation claim if justified by circumstances such as medical treatment of the victim.

JUDGMENT :

Ajay Kumar Gupta, J.

1. This instant First Miscellaneous Appeal has been filed by the appellants/claimants being aggrieved by and dissatisfied with the judgment and award dated 16th day of May, 2015 passed by the Learned Additional District & Sessions Judge, 1st Court, Tamluk, Purba Medinipur-Cum-Learned Judge, Motor Accident Claims Tribunal, thereby the learned Tribunal Judge dismissed the M.A.C. Case No. 196 of 2011 filed under Section 166 of the Motor Vehicles Act, 1988 on account of death of victim, namely, Buddhadeb Khanra on contest against the Respondent No. 1/National Insurance Company Limited and ex parte against the owners of the offending vehicle

2. The factual matrix giving rise to filing of this appeal is as under:

2a. The present appellants/claimants are the parents of deceased Buddhadeb Khanra. On 04.02.2011 at about 6:30 pm the victim Buddhadeb Khanra was coming from Tamluk side by riding a Motorcycle bearing no. WB – 30H/5462 through the Tamluk-Srirampur Road and stopped his motorcycle on the morrum portion of the said road near Pairachali petrol pump and was talking with his friend. All on a sudden, a motorcycle rider coming at a very high speed by riding his motorcycle bearing no. WB – 30B/2580 from Nimtouri side and unexpectedly dashed the said victim and ran away towards Tamluk side by riding his motorcycle. As a result, the victim fell down beside the road. He received grievous bleeding injury on his head and all over the body and became senseless. The victim was initially removed to Purba Medinipur District Hospital at Tamluk and from there he was referred to NRS Medical College & Hospital at Kolkata. However, on account of his serious condition, he was admitted to the Calcutta Medical Research Institute at Kolkata. Where victim succumbed to the injuries on 11.02.2011. According to the appellants, the accident was caused due to rash and negligent driving on the part of the rider of the offending motorcycle bearing no. WB – 30B/2580 (Hero Honda Passion). The appellants had filed an application praying for compensation to the tune of Rs. 8,00,000/-together with interest from the date of filing the claim application together with litigation costs but the learned Tribunal dismissed the claim application without considering the case of the appellants. Hence, the instant appeal came up before this Bench for disposal.

Arguments and submissions on behalf of the Appellants/Claimants:

3. Learned advocates appearing on behalf of the appellants/claimants submitted that the learned Court below wrongly dismissed the said claim application on the ground of delay in lodging the FIR, doubt in involvement and identity of the offending vehicle and finally disbelieved the eye witness though the appellants have proved the case in positive before the learned Tribunal by adducing sufficient oral and documentary evidence. Accident was taken place on 04.02.2011 at about 6:30 pm and victim succumbed to injuries on 11.02.2011. Thereafter, FIR was lodged on 14th February, 2011 by the father of the victim. In the said FIR, the number of the offending Motor cycle was specifically mentioned. After lodging the FIR, the rider of the motor cycle surrendered before the learned Court below on 24th March, 2011 and obtained bail. All the relevant documents of the offending vehicle were seized and finally the investigating officer submitted charge sheet on 30th March, 2011 after completion of investigation. The few days delay was caused in lodging FIR due to serious condition of the victim, who was removed to several hospitals for his treatment but he was finally succumbed to his injuries on 11.02.2011 in the Calcutta Medical Research Institute at Kolkata. Parents were busy in treatment of the victim as such they could not lodge an FIR in time. Eye witness has proved the date, time, place, mode and manner of accident. Finally, the learned advocates appearing on behalf of the appellants/claimants submitted that the Learned Tribunal