ORDER

1. This appeal by the Insurance Company under section 173(1) of the Motor Vehicles Act is arising out of the award dated 8.8.2023 passed by IInd MACT, Indore in Claim Case No.1608/2019 seeking exoneration from the liability to pay compensation/reduction in the compensation amount as awarded by the Tribunal.

2. Brief facts of the case are that on 22.4.2019 when deceased Dinesh was going to Lekar Chinar park with his friend Sourabh Jain on a motor cycle bearing registration No. MP-09-VP-0648 and when they reached Eicher bridge Mhow- Neemuch Road, the offending vehicle bearing registration no.MP09-CN-2719 which was driven rashly and negligently came and hit the motorcycle due to which Dinesh sustained grievous injuries and succumbed to death.

3. Before the Tribunal respondents filed their written statement and denied all the averments made in the claim petition. On the basis of the pleadings Tribunal framed issues and after taking evidence of the parties allowed the claim petition and awarded a sum of Rs.41,74,632/- as compensation in favour of the claims and against the appellant/insurance company.

4. Being aggrieved by the impugned award, appellant/Insurance Company has filed this appeal by submitting that Tribunal has grossly erred in not considering that the offending vehicle has been falsely implicated in the accident. The Tribunal has grossly erred in not considering the testimony of driver of the offending vehicle in which he has clearly stated that on 31.1.2019 he has gone along with his vehicle from Indore to Betma church and when he was returning his vehicle got broke down due to which he had to carry his car to show room and he had not caused any accident on the said date. He further stated that he had also made a complaint to the police authorities regarding false implication of his vehicle. The delay in filing the FIR regarding the accident has also not been properly explained by the claimants, hence prayed for setting aside the impugned award exonerating the insurance company from the liability to pay the compensation awarded by the Tribunal.

5. On the other hand, respondents/claimants have submitted that Tribunal has rightly passed the award which does not call for any interference by this court in appeal and prays for dismissal of the appeal.

6. Learned counsel for the appellant/Insurance Company has submitted that the offending vehicle has been falsely implicated in the accident only for the purpose of compensation. The delay in lodging the FIR has also not been properly explained by the claimants. The Tribunal has committed an error in not believing the evidence of the driver of the offending vehicle. Considering the document Ex.P/3, FIR in which it was mentioned that after enquiring the Marg intimation dated 11.2.2019 the FIR was lodged. The accident occurred on 30.1.2019 and FIR was lodged on 6.2.2019. It is true that according to Ex.P/3 FIR was lodged on 6.2.2019 but perusal of the record it was found that police after enquiring the Marg intimation the FIR was lodged.

7. It is settled law that delay in filing the FIR is not fatal either in criminal case or in claim case provided that sufficient and cogent reason for delay in filing the FIR is given. The apex Court in the case of Ravi v. Badrinarayan and others – AIR 2011 SC 1226 in para 20 & 21 has held as under :

[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 c