Case Note & Summary
The New India Assurance Co. Ltd. appealed against the judgment and order of the Motor Accident Claims Tribunal, Mumbai, which had fixed liability on the insurer for compensation arising from a motor accident. The appellant contended that since no FIR was registered in respect of the accident, the Tribunal should not have considered the negligence of the driver of the Maruti car. The respondent No.1/claimant, Lalbahadur Z. Gupta, claimed that on 02.05.2005 at around 8 p.m., while walking on the road, he was dashed by Motor Car No. MH-03-Z-1309, causing him to fall and sustain a fractured jaw and five broken teeth. The driver took him to the hospital. On 04.02.2005, he lodged a complaint at the police station, but the police only made a Station Diary Entry and closed the matter as a minor accident. The Tribunal, relying on the complaint and medical evidence, held that the accident was caused due to the negligence of the driver. The High Court heard both sides. The Court noted that under Section 154 of the Code of Criminal Procedure, it is the police's duty to register an FIR for a cognizable offence. The claimant had informed the police, and the police's failure to register an FIR cannot be held against the claimant. Moreover, the driver of the offending car did not deny the incident, and the evidence of DW-2 Dr. Vinod Kumar Nair confirmed that five teeth were broken due to the accident, supporting the claimant's case. The Court found no merit in the appellant's submissions and dismissed the appeal, upholding the Tribunal's order.
Headnote
A) Motor Accident Claims - Negligence - Proof - Non-registration of FIR - Motor Vehicles Act, 1988 - The issue was whether the Tribunal could fix liability on the insurer when no FIR was registered. The Court held that the claimant had lodged a complaint with the police, and the police's failure to register an FIR cannot be held against the claimant. The driver of the offending vehicle did not deny the incident, and medical evidence supported the claimant's case. Therefore, the Tribunal's finding of negligence was proper. (Paras 1-5) B) Criminal Procedure Code - Police Duty - Registration of FIR - Section 154 CrPC - The Court observed that under Section 154 of the Code of Criminal Procedure, it is the duty of the police to register an FIR upon receiving information about a cognizable offence. If the police fail to do so, the blame cannot be placed on the complainant. (Para 4)
Issue of Consideration
Whether the Motor Accident Claims Tribunal could fix liability on the insurer despite no FIR being registered in respect of the accident.
Final Decision
Appeal dismissed. The judgment and order of the Motor Accident Claims Tribunal, Mumbai is upheld.
Law Points
- Non-registration of FIR does not preclude finding of negligence in motor accident claims
- Police duty to register FIR under Section 154 CrPC
- Claimant cannot be blamed for police inaction
- Medical evidence can support claim
