Delay in lodging an FIR is not fatal to a motor accident claim if reasonably explained. Furthermore, compensation for pain, suffering, and medical expenses accrued during the victim's lifetime forms part of the estate, allowing legal heirs to claim such amounts even after the victim's death.

JUDGMENT :

SUDEEPTI SHARMA, J.

FAO-1952-2015 (O&M)

1. The present appeal has been preferred against award dated 18.03.2014 passed by the learned Motor Accident Claims Tribunal, Kurukshetra (for short 'the Tribunal’) in the claim petition filed under Section 166 /140/141 of the Motor Vehicles Act, 1988, on the ground that the appellant/ insurance company was wrongly held liable to pay the compensation to claimant/Gobind Ram (since deceased) to the tune of Rs.3,75,478/- along with interest @ 7.5% per annum.

XOBJC-264-CII-2016

2. The present cross-objections have been preferred by cross-objector/legal heirs of claimant-Gobind Ram (respondent No. 1 to 11 herein) against the 18.03.2014 passed by the learned Motor Accident Claims Tribunal, Kurukshetra in the claim petition filed under Section 166 /140/141 of the Motor Vehicles Act, 1988, for enhancement of compensation, granted to Gobind Ram (since deceased) to the tune of Rs.3,75,478/- along with interest @ 7.5% per annum on account of injuries suffered by him in the accident.

3. Since the appeal filed by the Insurance Company and the cross-objections filed by the cross-objectors/legal heirs of the claimant are arising out of the same award dated 18.03.2014 passed by the learned Tribunal, therefore, FAO-1952-2015 and XOBJC-264-CII-2016 are decided vide this common judgment.

BRIEF FACTS OF THE CASE

4. On 9.4.2013, claimant was going towards his house when at about 9.00 p.m., he reached a little ahead of Swami Dairy on Ladwa-Indri Road, Ladwa, respondent No.12-Amar Singh while driving motor cycle bearing registration No.HR-07H-9219 (here-in-after referred to as 'offending vehicle for brevity), rashly and negligently and at a very high speed, came from Ladwa side along with one pillion rider and directly hit the claimant; that due to that impact, claimant fell down and received injuries including fracture of left hip; that after causing the accident, respondent No.1 fled the spot; that accident was witnessed by Yogesh, who was nephew of claimant and was standing on Swami Dairy: that case for the commission of offences punishable under section 279 and 338 of the Indian Penal Code, 1860 was registered against respondent No.12, who is facing trial before the learned Area Magistrate, Kurukshetra. Collusion between the claimant and respondents No.12 and 13.

5. Upon notice of the claim petition, respondents appeared and admitted the factum of compensation.

6. From the pleadings of the parties, the following issues were framed by the learned Tribunal :-

“1. Whether the accident in question took place on 9.4.2013 at about 2100 hours near Swami Dairy on Ladwa-Indri road, Ladwa under the jurisdiction of Police Station, Ladwa due to rash and negligent driving of the motor cycle bearing registration No.HR-07H-9219 by respondent No.1 and it resulted in injuries upon claimant Gobind Ram? OPP

2 If issue No.1 is proved in affirmative, what extent of compensation the petitioner would be entitled to and from whom? OPP

3. Whether the terms and conditions of insurance policy were violated by respondent No.1 and insurance Company is not liable to indemnify the compensation as alleged? OPR-3

4. Relief.”

7. After taking into consideration the pleadings and the evidence on record, the learned T