IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 26 OF FEBRUARY, 2026 MISC. APPEAL No. 4163 of 2018 SMT. SUNITA RAJPOOT Versus RAMKUMAR SHARMA AND OTHERS Appearance:

Shri Gyan Singh Yadav - Advocate for the appellant/claimant.

Shri Ram Vilas Sharma-Advocate for respondent No.3/Insurance Company.

Shri Raj Kumar Singh Paviya-Advocate for respondent Nos. 1 and

2/driver and owner.

ORDER This Miscellaneous Appeal has been preferred by the appellant/claimant seeking setting aside of the impugned Award dated 01/06/2018 passed by the Second Additional Motor Accident Claims Tribunal, Gwalior (M.P.) (hereinafter referred to as the “Claims Tribunal”) in Claim Case No. 6400012/2016, whereby the Claims Tribunal rejected the claim petition filed by the claimant.

2. Brief facts of the case are that on 18.10.2015 at about 5:00 a.m., the appellant/claimant along with her son was returning home from Sheetla Mata Temple in an auto bearing registration No. MP-07/R-7010. The auto was being driven slowly and on the correct side of the road. When it reached Sagartal Road, Anand Nagar, in front of Brilliant Star School, a Wagonr car bearing registration No. DL-8C-NA-6821 came from behind at a high speed and in a rash and negligent manner and hit the auto forcefully. Due to the impact, the claimant and other passengers were thrown out of the auto and the claimant sustained serious injuries on her head, neck, left hand, legs and chest. She suffered bleeding injuries on her head and forehead and injuries on her nose and other parts of the body. Immediately after the accident, the claimant was taken to J.A. Hospital, Gwalior, where necessary medical examination, X-rays and other tests were conducted and primary treatment was given. Thereafter, as her condition did not improve, she was admitted to Parivar Hospital, Gwalior on 18.10.2015, where she remained admitted till 20.10.2015. She underwent CT scan, X-ray, ultrasound and other medical examinations and also underwent head surgery. An FIR was lodged at Police Station Bahodapur, District Gwalior against the driver of the offending vehicle and after investigation, charge-sheet was filed.

3. Thereafter, the claimant filed a claim petition before the Claims Tribunal seeking compensation. Respondents No. 1/driver and 2/owner and respondent No.3/Insurance Company filed its written statement and denied the averments made in the claim petition. After framing of issues and recording of evidence, the Claims Tribunal rejected the claim petition. 4. The claimant filed a claim petition before the Claims Tribunal seeking compensation. The driver, owner and Insurance Company filed their written statements denying the averments. After framing issues and recording evidence, the Claims Tribunal dismissed the claim petition.

5. Being aggrieved by the impugned award, learned counsel for the appellant submitted that the impugned Award is contrary to law and evidence on record. It is submitted that the accident occurred on 18.10.2015 and the FIR was lodged on 20.10.2015 as the claimant was admitted in the hospital from 18.10.2015 to 20.10.2015, and therefore, the delay in lodging the FIR was properly explained. However, the Claims Tribunal dismissed the claim petition without properly considering this aspect.

6. On the other hand, learned counsel for the respondents opposed the appeal and supported the impugned award and prayed for dismissal of appeal.

7. Heard learned counsel for the parties and perused the entire record of the Claims Tribunal.

8. It is true that if the claimants have been able to demonstrate satisfactory and cogent reasons for delay in lodging the FIR, such delay should not be treated as fatal to the proceedings.

9. The Apex Court in case of Ravi Vs. Badrinarayan and Others AIR

2011 SC 1226 in para 20 and 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 canno