Shahnaj vs Lakhan Chand - 2025 Supreme(P&H) 17

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 17

ALKA SARIN
Shahnaj – Appellant
Versus
Lakhan Chand – Respondent

Advocates:
Advocate Appeared:
For the Parties : Mr. Ashish Gupta Adv. , Mr. Punit Jain Adv.

Table of Content
1. claim petition dismissed due to fir delay. (Para 1)
2. delay in fir due to hospitalization is justified. (Para 2 , 4)
3. court heard arguments regarding fir delay. (Para 5 , 6)
4. delays in fir not fatal if explained. (Para 7 , 8 , 9)
5. finding of tribunal on fir delay is erroneous. (Para 10)
6. tribunal’s decision to be reconsidered on merits. (Para 11 , 12)

JUDGMENT :

Mrs. Alka Sarin, J.

1. Present appeal has been preferred by the claimant-appellants challenging the award dated 30.07.2014 passed by the Motor Accident Claims Tribunal, Mewat (hereinafter referred to as ‘the Tribunal’) whereby their claim petition filed under Section 166 of the MOTOR VEHICLES ACT was dismissed on the ground of delay in lodging the FIR and the fact that the accident had occurred on 22.05.2012 whereas the injured, in order to obtain disability certificate, had appeared before the Medical Board on 23.06.2012 and that it could not be established that the injured got injuries as a result of the accident in question or by fall from the roof or tree.

2. Learned counsel for the claimant-appellants would contend that the delay in lodging the FIR was occasioned due to the fact that the claimant-a

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