Case Note & Summary
The appellant, Makwana Ajmelbhai Kanabhai, filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs. 3,00,000 for injuries sustained in a tractor accident on 30.10.1999. The accident occurred when the respondent no.1 drove a tractor bearing registration no. GJ-9-H-5760 in a rash and negligent manner, hitting the appellant who was walking to his village. The appellant sustained serious injuries, including fractures, and was initially treated at Sarvajanik Hospital, Modasa as an indoor patient until 14.11.1999, and later at Jivan Jyot Hospital, Modasa. The claim petition was dismissed by the Motor Accident Claims Tribunal (Auxiliary), Sabarkantha, Camp at Modasa, in MACP No.975/2000 vide judgment and award dated 29.03.2012, solely on the ground that the FIR was lodged after a delay of three days. The appellant challenged this dismissal in the High Court of Gujarat. The High Court heard the appeal and considered the submissions of the appellant's counsel, Mr. R.K. Mansuri, who argued that the delay in lodging the FIR was due to the appellant's hospitalization and that mere delay cannot be a ground to dismiss the claim petition. The court agreed, holding that the Tribunal erred in dismissing the claim petition solely on the ground of delayed FIR, as the appellant was hospitalized and unable to lodge the FIR promptly. The court set aside the impugned judgment and award and remanded the matter back to the Tribunal for fresh consideration, directing the Tribunal to decide the claim petition on its own merits without being influenced by the delay in lodging the FIR.
Headnote
A) Motor Vehicles Act - Claim Petition - Delay in FIR - Delay in lodging FIR cannot be a ground to dismiss a claim petition under the Motor Vehicles Act, 1988 - The claimant was injured in a tractor accident on 30.10.1999 and was hospitalized until 14.11.1999, which explained the three-day delay in lodging the FIR - The Tribunal erred in dismissing the claim petition solely on the ground of delayed FIR - Held that the impugned judgment and award is set aside and the matter is remanded back to the Tribunal for fresh consideration (Paras 1-9).
Issue of Consideration
Whether the claim petition under the Motor Vehicles Act, 1988 can be dismissed solely on the ground of delay in lodging the FIR when the claimant was hospitalized and unable to lodge the FIR promptly.
Final Decision
The appeal is allowed. The impugned judgment and award dated 29.03.2012 passed by the Motor Accident Claims Tribunal (Auxiliary), Sabarkantha, Camp at Modasa, in MACP No.975/2000 is set aside. The matter is remanded back to the Tribunal for fresh consideration. The Tribunal is directed to decide the claim petition on its own merits without being influenced by the delay in lodging the FIR. The parties are directed to appear before the Tribunal on 27.04.2026.
Law Points
- Delay in lodging FIR is not fatal to a claim petition under the Motor Vehicles Act
- 1988
- Claimant's hospitalization is a valid explanation for delay in lodging FIR
- Tribunal erred in dismissing claim petition solely on ground of delayed FIR
