The judgment emphasizes that delay in filing an FIR does not discredit a claim, evidence in criminal cases should not be used in claim cases, and the assessment of injuries and income should be based on evidence presented.

JUDGMENT

1. Heard finally.

2. This Misc. Appeal under Section 173 of Motor Vehicles Act, has been filed against the award dated 7-4-2017 passed by Vth Additional Motor Accident Claims Tribunal, Morena in Claim Case No. 450/2015.

3. The present appeal has been filed by the Insurance Company whereas the respondent no. 3 has filed his cross objection. The respondent no.3 has valued his cross objection at Rs.3 lacs, however, has not paid the Court Fee. Even the Counsel for the respondent no.3 did not pray for time to pay the Court Fee. Therefore, the Cross objection filed by the respondent no.3 is dismissed on the ground of non-payment of Court Fee.

4. The necessary facts for disposal of the present appeal in short are that the respondent no.3 filed a claim petition under Section 166 of Motor Vehicles Act, on the averment that on 3-7-2015, he was going to his matrimonial house along with his brother Jeetu on a motor cycle. He was driving the motor cycle cautiously. When he reached near the police outpost Mevada, the driver of the offending truck bearing registration no. RJ 11/G.A. 0215, by driving the vehicle in a rash and negligent manner, dashed the motor cycle of the respondent no.3, as a result of which he sustained grievous injuries on his right elbow, wrist, left knee, face, jaw and on other part of the body. The respondent no.3 was shifted to hospital. An FIR was lodged and accordingly, the police registered offence in crime no. 68/2015 for offence under Sections 279,337 of IPC.

5. The Claims Tribunal, after framing issues and recording evidence, held that the Claimant is 25% negligent in causing the accident and allowed the Claim petition and awarded Rs. 2,74,797/- to the respondent no. 3 and it was also held that the Insurance Company is jointly and severally liable to pay compensation amount.

6. Challenging the impugned award passed by the Claims Tribunal, it is submitted by the Counsel for the appellant that in fact no accident had taken place with the offending truck and the truck in question was falsely involved. It is further submitted that exorbitant compensation has been awarded to the respondent no.3.

7. Per contra, the Counsel for the respondent no. 3 has supported the award passed by the Claims Tribunal.

8. Heard the learned Counsel for the parties.

9. In order to prove that the vehicle was falsely involved by the respondent no. 3, it is submitted by the Counsel for the appellant that the accident took place on 3-7-2015, where as the F.I.R. was lodged on 4-7-2015. It is further submitted that in the information, Ex. P.4, which was sent by the Hospital to the police station, it was mentioned that some unknown person has caused the accident.

10. It is well established principle of law that mere delay in lodging the F.I.R. is not sufficient to disbelieve the case of the claimant. Further, the claim petitions are to be decided on the basis of the evidence led before the Claims Tribunal and cannot be decided solely on the basis of the documents of criminal cases.

11. The Supreme Court in the case of Mangla Ram Vs. Oriental Insurance Co. Ltd. reported in (2018) 5 SCC 656 has held as under:-

''24. It will be useful to advert to the dictum in N.K.V. Bros. (P) Ltd. v. M. Karumai Ammal , wherein it was contended by the vehicle owner that the criminal case in relation to the accident had ended in acquittal and for which reason the claim under the Motor Vehicles Act ought to be rejected. This Court negatived the said argument by observing that the nature of proof required to establish culpable rashness, punishable under IPC, is more stringent than negligence sufficient under the law of tort to create liability. The observation made in para 3 of the judgment would throw some light as to what should be the approach of the Tribunal in motor accident cases. The same reads thus: (SCC pp. 458-59)

' 3. Road accidents are one of the top killers in our country, specially when truck and bus drivers operate nocturnally. This proverbial