IMPORTANT POINT
The judgment establishes that delays in FIR lodging do not automatically invalidate compensation claims in motor vehicle accident cases, provided there is sufficient evidence to support the claim.

JUDGMENT :

Kuldeep Mathur, J.

1. The present civil misc. appeal under Section 173 of Motor Vehicle Act has been filed by the appellants against the judgment and award dated 04.03.2021 passed by the Motor Accident Claims Tribunal No.1, Jodhpur (Raj.) in Motor Accident Claim Petition No.206/2017 whereby the learned Tribunal has rejected the claim petition preferred by the appellants i.e. the claimants under Section 166 of Motor Vehicle Act, 1988.

2. The unfortunate road accident happened on 01.11.2016 at about 11:00 A.M. when Hetaram @ Hetram (since deceased) was going to Hamir Phata Bus Stand on foot. A Bolero bearing registration No.RJ19-GC-5272 came around and hit Hetaram @ Hetram from behind and as a result whereof he suffered grievous injuries and died during the course of treatment.

3. Learned counsel for the appellants submitted that the claim preferred by the appellants was dismissed by the learned Tribunal in ignorance of the FIR, statements of the eye witnesses and other material produced before the learned Tribunal and mainly on the ground that the FIR was lodged after a delay of about one month; the proceedings under Section 133 & 134 of the MV Act were conducted on the very same day; deceased and the driver of the offending vehicle belong to the same caste and were residents of the same Tehsil etc. Learned counsel further submitted that the impugned judgment has been passed in ignorance of the facts and law applicable in the case and only on the basis of suspicion, without there being any foundation for the same. It was thus urged that the impugned judgment and award dated 04.03.2021 be set aside and the respondents may be directed to pay the compensation to the appellants – claimants. In support of his arguments, learned counsel for the appellants has placed reliance on the following judgments:

United India Insurance Company Limited Vs. Smt. Shyama Devi & Ors. (S.B. CMA No.878/2012)

Magma H.D.I. General Insurance Company Limited. Vs. Smt. Shubhla & Ors. (S.B. CMA No.1239/2019)

Janabai & ors. Vs. M/s. I.C.I.C.I. Lambord Insurance Company Limited (SLP (Civil) No.21077/2019)

4. Per Contra, Leaned counsel appearing on behalf of the respondent No.3 – insurance company submitted that in the present case, delay in lodging the FIR was not satisfactorily explained by the claimants. Merely because the chargesheet has been filed by the investigating agency after conducting investigation, before the competent criminal court, the same is not sufficient to prove the negligence of the non-claimants. Learned counsel further submitted that initially, on 01.11.2016 the deceased was admitted in the M.D.M Hospital and after receiving the initial treatment, he was discharged on 03.11.2016. Thereafter, on 04.11.2016, he was again admitted to the hospital for treatment, whereupon his brother namely Om Prakash and his father-in-law namely Balwanta Ram informed the Hospital authorities in writing that they did not want to lodge any criminal case in the matter.

5. Learned counsel submitted that there is no evidence worth the name available on record of the case to prove that the alleged accident took place from a particular vehicle being driven by a particular driver and the claimants in the present case are trying to manipulate the case only with a view to get damages from the insurance company i.e. respondent No.3. He thus prayed for dismissal of the present appeal. Learned counsel for respondent No.3 has placed reliance in the following judgments in support of his arguments:

Ramchandra Vs. Ramchandra (CMA No.457/1999

Jansi Ram Vs. Vinod Kumar & Ors report in 2014 2 ACC pate 743

Prakash Kumar @ Pukhraj Vs. Dungar Singh reported in 2012 Supreme Raj Pate 1410

Shabbeer Khan Vs. Gaurav Sharma reported in 2014 (1) DNJ Page 412

Mahendra Vs. Girdhari & Others (S.B. CMA No.4403/2009)

Vijay Laxmi Devi & Ors. Vs. Ram Naresh & Ors. 2003 ACJ Page 1140

Pushpendra Singh Vs. Samay Singh @ Tofani & Ors. 2007(1) ACC Page 793

Shriram General Insurance Co. Ltd. Versus Akeel