Supreme Court: Under which circumstances delay in Filing of FIR becomes relevant in Motor accident claim petition?

 We have heard both the learned counsel appearing for theparties at length and we do not think that the order of the High Court is sustainable for the simple reason that there was not even an iota of evidence before the Tribunal or before the High Court to have shown that the injuries was sustained in a motor accident except for the delayed FIR. In a given case a delayed FIR will not matter. Merely because the FIR has been delayed a claim cannot be rejected but in the present case considering that all the available evidences points out towards a skid and fall and not a motor accident, the delayed FIR also, require a relevance, particularly now we have been told that FIR itself has not been proceeded. Even the police in the FIR also came to the conclusion that there was no motor accident and had filed a closure report.

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 32138/2018

NEW INDIA ASSURANCE CO. LTD. Vs VELU & ANR.

CORAM :

 HON'BLE MR. JUSTICE SUDHANSHU DHULIA

 HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH

Date : 12-12-2024 This petition was called on for hearing today.

 UPON hearing the counsel the Court made the following

 O R D E R

The respondent no.1 (injured) was the claimant in a motor

accident claim as he was sustained injuries which he claimed had

occurred due to a motor accident while he was driving his two

wheeler scooter and he collided and met with an accident with a

four wheeler-lorry on 27.12.2011 and he had filed a claim petition

for Rupees Twenty lakh before the Motor Accidents Claims Tribunal

at Chennai (hereinafter called “the Tribunal”). However, the

Tribunal had found no evidence of a motor accident inasmuch as the

entire details of the hospital where the injuries were examined and

treated showed that the same were sustained due to skid and fall

from scooter. This is what has been noted in the discharge summary

given by the hospital and the respondent no.1 claiming that he was

admitted and subsequently he was discharged and thereafter when he

was took treatment from another hospital the same reason was

written in the discharge summary from that hospital too that

accident occurred due to skid and fall. For this reason, the

Tribunal have not found any evidence as to the motor accident and

has dismissed the claim of the respondent no.1 particularly in view

of the fact and also taken into consideration that the FIR bearing

No.94/2012 was lodged on 30.01.2012 whereas the accident itself

took place on 27.12.2011. The FIR itself was lodged after a delay

of 34 days. The matter was taken in appeal where the order/award of

the Tribunal has been set aside by the High court on the ground

that mere delay of FIR cannot be a ground of rejecting the claim of

the respondent no.1 and ordered the claim of Rupees Eleven lakh

fifty thousand along with interest @ 7.5 % with a period of six

weeks. In default the chairman of the petitioner-insurance company

will be present in the High Court.

We have heard both the learned counsel appearing for the

parties at length and we do not think that the order of the High

Court is sustainable for the simple reason that there was not even an iota of evidence before the Tribunal or before the High Court to have shown that the injuries was sustained in a motor accident except for the delayed FIR. In a given case a delayed FIR will not matter. Merely because the FIR has been delayed a claim cannot be rejected but in the present case considering that all the available evidences points out towards a skid and fall and not a motor accident, the delayed FIR also, require a relevance, particularly now we have been told that FIR itself has not been proceeded. Even the police in the FIR also came to the conclusion that there was no motor accident and had filed a closure report.

Under these circumstances, we allow the prayer of the

petitioner-insurance company and set aside the order dated

05.07.2018 passed by the High Court of Judicature at Madras.

The present petition is disposed of in the above terms along

with pending application(s), if any.

(NIRMALA NEGI) (RENU BALA GAMBHIR)

COURT MASTER (SH) COURT MASTER (NSH)

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