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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
New India Assurance Co. Ltd. – Appellant
Versus
Pooja D/o Late Majoj – Respondent
JUDGMENT :
REKHA BORANA, J.
1. The present appeals have been filed aggrieved of judgment and Award dated 10.09.2018 passed by the Motor Accident Claims Tribunal, Bikaner in MAC Case Nos.357/2013 and 358/2013 respectively whereby the claim petitions as preferred by the claimants stood allowed.
2. The facts as averred in the claim petitions are that on 01.12.2012 one Gopal Bohra alongwith his sister Mamta, brother-in-law Manoj, and four nephew and niece, was travelling from Sridungargarh to Napasar in vehicle bearing registration No.RJ-07-GA-2840. At about 9:30 am, when they reached near Village Gusaisar on National Highway No.11, a Bolero bearing registration No.RJ-07-GB-1554, being driven rashly and negligently, while coming from the opposite side, took a sudden cut. Driver Gopal Bohra tried to avoid a collision and in the attempt, the vehicle overturned. Manoj and Mamta succumbed to the injuries during the course of treatment, on 02.12.2012 and 10.12.2012 respectively. FIR No.123/2012 was registered on 10.12.2012 at Police Station Napasar, District Bikaner pertaining to the said incident.
3. The offending vehicle was insured with the appellant Insurance Company on the date of accident
Delay in lodging FIR does not invalidate claims if justified by circumstances; compensation awards upheld based on evidence.
Claimants must establish vehicle involvement in an accident on the preponderance of probability; mere delay in FIR does not negate claims if credible evidence exists.
Point of law: There could be variety of reasons in genuine cases for delayed lodgment of FIR. Unless kith and kin of the victim are able to regain a certain level of tranquility of mind and are compo....
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
The court affirmed that in motor accident claims, the standard of proof is preponderance of probabilities, allowing claims despite procedural lapses.
Delay in lodging an FIR does not invalidate a compensation claim if justified by circumstances such as medical treatment of the victim.
The court reinforced that claimants must provide credible evidence linking the vehicle to the accident, and delays in FIRs do not automatically invalidate claims if other evidence is sufficient.
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