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2026 Supreme(Raj) 444
HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHUTOSH KUMAR, J.
Bajaj Allianz General Insurance Company Ltd., Through Its Constituent Attorney - Appellant
Versus
Smt. Pushpa Devi, W/o. Sh. Omprakash Solani - Respondent
S.B. Civil Miscellaneous Appeal No. 3043 of 2017
Decided On : 22-05-2026
Important Points
Subject
Motor Accident Claims - Procedural Law and Evidence
Act Referred
Headnote
Facts of the case:
The appeal was filed by an insurance entity challenging a compensation award. The core contention involved the impact of a significant delay in the lodging of the police report regarding the accident on the overall maintainability and credibility of the claim petition for compensation.
Findings of Court:
The court determined that the victim's immediate need for medical attention and the preservation of family tranquility are valid reasons for a delayed report. It emphasized that mechanical adherence to filing requirements should not defeat the purpose of providing justice to victims of motor accidents, provided the claim is otherwise genuine and free from bad faith.
Issues: The main issue was whether a delayed report to the police serves as an absolute bar to a motor accident compensation claim and to what extent such delay impacts the evidentiary value of the claim.
Ratio Decidendi: The court reasoned that in the Indian context, prioritizing the care of an injured loved one over immediate police formality is a natural human response. Therefore, a delay in reporting is not fatal to a claim unless the court finds active evidence of fabrication or an attempt to manipulate the records for wrongful gain.
Result: Appeal dismissed.
For the Appellant : Mr. Chanderdeep Singh Jodha, Adv.
For the Respondent: Mr. Jai Prakash Gupta, Adv.
JUDGMENT :
ASHUTOSH KUMAR, J.
"20. It is well-settled that delay in lodging FIR cannot be a ground to doubt the claimant's case. 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 with the Police. Delay in lodging the FIR thus, cannot be the ground to deny justice to the victim. In cases of delay, the courts are required to examine the evidence with a closer scrutiny and in doing so; the contents of the FIR should also be scrutinized more carefully. If court finds that there is no indication of fabrication or it has not been concocted or engineered to implicate innocent persons then, even if there is a delay in lodging the FIR, the claim case cannot be dismissed merely on that ground.
21. The purpose of lodging the FIR in such type of cases is primarily to intimate the police to initiate investigation of criminal offences. Lodging of FIR certainly proves factum of accident so that the victim is able to lodge a case for compensation but delay in doing so cannot be the main ground for rejecting the claim petition. In other words, although lodging of FIR is vital in deciding motor accident claim cases, delay in lodging the same should not be treated as fatal for such proceedings, if claimant has been able to demonstrate satisfactory and cogent reasons for it. 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 composed to lodge it, even if, there is delay, the same deserves to be condoned. In such circumstances, the authenticity of the FIR assumes much more significance than delay in lodging thereof supported by cogent reasons."
