THE HONOURABLE SRI JUSTICE K.SURENDER

JUDGMENT

This Appeal is filed by the Insurance Company aggrieved by the decree and order dated 02.04.2012 passed by the learned Chairman, Motor Accident Claims Tribunal-cum-

District Judge, Mahabubnagar, in O.P.No.335 of 2009.

2. The Insurance Company is aggrieved by the direction of the Tribunal to pay compensation to the claimants on account of the death of the deceased in the accident.

3. Heard learned counsel appearing on either side and perused the material available on record.

4. Learned counsel appearing on behalf of the Insurance Company would submit that the First Information Report reflects that the vehicle, which was involved in the accident, is an unknown vehicle, however, at a later date the vehicle was shown as Passion Motor Cycle bearing No.AP-22/Q-6316, which was insured by the appellant-Insurance Company and the delay of one day in lodging complaint before the Police concerned is sufficient to establish that the offending vehicle was falsely implicated in the accident.

5. In cases, which accidents occurred, the relatives or the people present at the scene of accident would be busy with taking steps to shift the injured to the hospital. Only for the reason of there being a delay of one day in lodging the complaint, it cannot be said that a false complaint was filed. One day delay in lodging complaint is of no consequence, when the suffering of the injured is looked into. Normally, either the injured or the persons related to the injured would be busy with taking steps to shift the injured to the hospital to see that to get proper treatment. In the said circumstances, the delay of one day is of no consequence.

6. The Hon’ble Supreme Court in the case of Ravi vs. Badrinarayan and others, [2011 (4) SCC 693] held that delay in lodging F.I.R. of the accident will not be a ground to decline compensation to the claimants.

7. After lodging complaint with the Police, the Police initiate the investigation to identify the owner of the vehicle and the offending vehicle. Accordingly, charge-sheet would be filed.

Only for the reason of either the driver surrendering before the Police or the Police identifying the crime vehicle on a subsequent date cannot be made a ground to deny the grant of compensation to the claimants. I do not find any infirmity with the finding of the learned Tribunal.

8. Accordingly, the Appeal of the Insurance Company fails and dismissed. There shall be no order as to costs.

Pending Miscellaneous Applications, if any, shall stand closed.

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K.SURENDER, J Dt.10.04.2024 svl