The delay in lodging the FIR does not negate clear evidence of the accident and the involvement of the offending vehicle in determining liability for compensation.

JUDGMENT :

B.P. ROUTRAY, J.

1. Present appeal by the insurer, i.e. M/s. National Insurance Company Limited is directed against the judgment dated 27th November, 2017 passed by the learned 1st M.A.C.T. Cuttack in M.A.C. No. 192 of 2012.

2. The claimants are the wife and children of the deceased. The accident took place on 01.08.2008 and the deceased was taken to S.C.B. Medical College and Hospital, Cuttack immediately. He underwent treatment in the Hospital and discharged from the Hospital on 01.09.2008. On the next date, i.e. on 02.09.2008, the deceased died at his house. On 10.09.2009, a complaint case was filed regarding the accident and pursuant to the directions of the learned court, FIR was registered on 08.02.2010. The claim application was filed on 03.04.2012.

3. The learned Tribunal upon adjudication of the claim directed for payment of compensation to the tune of Rs. 4,90,000/- along with 6% interest per annum from the date of filing of the claim application.

4. The insurer has come up in appeal seriously disputing death of the deceased in the accident as well as involvement of the offending vehicle i.e. Maruti Car bearing Registration No. OR-05-T-8929 in the accident. It is contented on behalf of the insurer that the vehicle in question has been implanted to make out a case in favour of the claimants to manage the compensation. It is further contended that neither any inquest nor any post-mortem examination was conducted over the dead body to establish the cause of death. But the learned Tribunal has committed error by observing that post-mortem examination has been conducted.

5. The case of the claimants is that while the deceased was going by walk, the offending vehicle dashed him from behind resulting multiple injuries. On the date of accident, the deceased was the Sarpanch of Jagannathpur Gram Panchayat and also was doing transport business. It is submitted on behalf of the claimants- Respondent Nos. 1 to 3 that for the only reason of non-lodging of F.I.R. immediately after the accident, the same does not rule out their case for compensation as the police report very well speaks about involvement of the offending vehicle in the accident as well as the death of the deceased was due to injuries in the accident. In this regard, the claimants take support of the copy of the final form submitted under Ext.3 and the discharge certificate under Ext.14.

6. Perusal of the record does not reveal any evidence adduced from the side of the insurer. The owner also did not adduce any evidence though contested the case by denying involvement of the vehicle in the accident.

7. It is seen that PWs. 2 and 3 are the occurrence witnesses, who have categorically deposed before the Tribunal about the accident that took place on 01.08.2008 in front of EAST College when the deceased was walking in the extreme left side of the road. The offending vehicle dashed him from behind. This evidence of the eye-witnesses is supported by the police report where charge-sheet has been submitted against the driver of the offending vehicle under Sections 279/304-A of the Indian Penal Code. The discharge certificate under Ext.14 filed from the side of the claimants reveal that the deceased was admitted to S.C.B. Medical College and Hospital, Cuttack on 01.08.2008 with head injury and other injuries due to road traffic accident. The authenticity of Ext.14 which is issued by a well reputed Government Hospital of the State is never questioned by the insurer. The contents thereof though have not been proved by examining competent person to that effect but the oral evidence adduced by the claimants completely support the same. Such oral evidence adduced from the side of the claimants coupled with the documents like police papers and discharge certificate do clearly establish the fact of sustaining injuries by the deceased in the road traffic accident on 01.08.2008.

8. The next question remains to be examined is about involvement of present offending vehicle in the ac