Delay in FIR and intoxicated condition are not sufficient grounds to dismiss a claim petition in motor accident cases. The standard of proof in motor accident claim cases is of preponderance of probability.

Headnote:
Motor Vehicles Act - Delay in FIR and Intoxication - The court allowed the appeal, set aside the impugned award, and awarded the claimant a total sum of Rs. 87,546 with interest at 6% per annum from the date of filing of the claim petition till the date of actual payment.
Fact of the Case:

The appellant was involved in a motor vehicle accident and sustained grievous injuries. The claim petition was dismissed by the tribunal due to delay in lodging the FIR and the appellant's alleged intoxicated condition at the time of the incident.
Finding of the Court:

The court found that the delay in lodging the FIR and the appellant's intoxicated condition were not sufficient grounds to dismiss the claim petition. The court also noted that the non-applicants failed to prove their pleadings, and the unrebutted evidence supported the appellant's claim.
Issues: The issues included the dismissal of the claim petition based on delay in FIR and the appellant's intoxicated condition, as well as the assessment of the compensation amount by the tribunal.
Ratio Decidendi: The court relied on legal principles that delay in filing FIR is not fatal and must be examined with scrutiny, and the standard of proof in motor accident claim cases is of preponderance of probability. The court also emphasized that once the foundational fact of the accident is established, the tribunal's role is to calculate just compensation.
Final Decision: The court allowed the appeal, set aside the impugned award, and awarded the claimant a total sum of Rs. 87,546 with interest at 6% per annum from the date of filing of the claim petition till the date of actual payment.

ORDER

Heard on admission.

Admit.

With the consent of learned counsel for the appellant, heard final arguments.

This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act, 1988 is filed by the appellants/claimants being aggrieved with the award dated 21/06/2022 passed by learned VIth Motor Accident Claims Tribunal, Sagar in Motor Accident Claim Case No.251/2021, whereby the learned claims Tribunal dismissed the claim petition filed by appellant/claimant holding that the FIR was lodged with a delay of 27 days, so the involvement of the alleged vehicle seems to be suspected and at the time of incident the appellant was in intoxicated condition, therefore, appellant is not entitled for amount of compensation.

2. Brief facts of the case are that on 21.01.2020 at about 10:00 P.M. appellant was coming back to his home on his motorcycle bearing registration No.MP-15-MV-7750, when he reached Christian Colony, an auto bearing registration No.MP-15-R-2990 which was being driven by respondent No.1 rashly and negligently, hit his motorcycle, due to which appellant fell down from the motorcycle and sustained grievous injuries including fracture in 4th & 5th metacarpal bone in right leg, fracture of clavicle bone in right foot and fracture in jaw. Thereafter, appellant remained hospitalized from 21/01/2020 to 22/01/2020 at District Hospital, Sagar and thereafter he remained hospitalized at Medical College, Sagar from 23/01/2020 to 25/02/2020 and due to the injuries sustained by him in the incident, on 05/02/2020 he was operated. It was alleged that the intimation of the accident was very well given at Police Chouki situated at District Hospital on the same date of the incident i.e. 21/10/2020. It was prayed that the claim petition be allowed and a sum of Rs.11,00,000/- (Eleven lakhs) be awarded.

3. Respondent No.1/driver of the alleged vehicle filed the written statement stating that the appellant with the collusion of Police officials falsely implicated the respondent No.1 in the alleged incident. No accident took place with the alleged vehicle.

4. Respondent No.2/owner of the alleged vehicle by way of filing written statement denied the averments mentioned in the claim petition. It was also alleged that the appellant sustained injuries due to the accident by some other vehicle. However, it was alleged that on the date of incident respondent No.1 was having valid and effective license to drive the alleged vehicle, which was insured with respondent No.3. It was prayed that the claim petition be dismissed.

5. Respondent No.3/insurance company contested the claim petition by filing written statement, in which insurance company denied the averments mentioned in the claim petition. It was alleged that no accident took place with the alleged vehicle. At the time of incident appellant No.1 was not having a valid and effective driving license. Respondent No.1 was driving the alleged vehicle in violation of terms and conditions of the insurance policy. Hence, it was prayed that insurance company has no liability to pay any compensation and prays for dismissal of the claim petition against the insurance company.

6. After framing of issues and recording of evidence, learned Tribunal assessed the amount of compensation as Rs.57,546/-, however keeping in view all the facts and circumstances of the case, learned Tribunal dismissed the claim petition holding the FIR was lodged with a delay of 27 days, so the involvement of the alleged vehicle seems to be suspected and at the time of incident the appellant was in intoxicated condition, therefore, appellant is not entitled for amount of compensation. Being aggrieved by the impugned award, appellant/claimant has preferred the present Miscellaneous Appeal.

7. Learned counsel for appellant submitted that the learned tribunal committed error in dismissing the claim petition on the ground of delay in lodging the FIR. It is submitted

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