Case Note & Summary
The case involves two first appeals filed by the original claimants, Smitaben Naginbhai Prajapati and Naginbhai Somabhai Prajapati, against a common judgment and award dated 07.05.2019 passed by the Motor Accident Claims Tribunal (Main), Gandhinagar in MACP Nos.386/2012 and 387/2012, whereby the Tribunal dismissed the claim petitions. The claimants were pillion riders on a motorcycle on 29.01.2012 when a Toofan Jeep bearing registration no.GJ-9-Z-2944, driven by respondent no.1 in a rash and negligent manner at excessive speed, dashed the motorcycle from behind, causing serious injuries and permanent disability to both claimants. They filed claim petitions seeking total compensation of Rs.7,50,000/-. The insurance company (respondent no.3) filed written statements denying the averments. The Tribunal dismissed the petitions on the ground of delay in lodging the FIR and the involvement of the offending vehicle. Aggrieved, the claimants appealed. The High Court heard the counsels and noted that the Tribunal's reasoning was flawed as the Motor Vehicles Act, 1988 is a beneficial legislation and the evidence on record, including the negligence of the offending vehicle, was sufficient to allow the claims. The court set aside the impugned judgment and award and remanded the matters back to the Tribunal for fresh adjudication on merits, directing the Tribunal to decide the claim petitions afresh within six months.
Headnote
A) Motor Accident Claims - Delay in FIR - Delay in lodging FIR is not fatal to the claim petition if the involvement of the offending vehicle is otherwise proved - The court held that the Tribunal erred in dismissing the claim petitions solely on the ground of delay in lodging the FIR and the involvement of the offending vehicle, as the Motor Vehicles Act, 1988 is a beneficial legislation and the evidence on record showed negligence of the offending vehicle (Paras 1-7).
Issue of Consideration
Whether the learned Tribunal erred in dismissing the claim petitions on the ground of delay in lodging the FIR and the involvement of the offending vehicle.
Final Decision
The High Court allowed the appeals, set aside the common impugned judgment and award dated 07.05.2019, and remanded the matters back to the Motor Accident Claims Tribunal for fresh adjudication on merits. The Tribunal is directed to decide the claim petitions afresh within six months.
Law Points
- Delay in lodging FIR is not fatal to claim petition
- Involvement of offending vehicle can be established through other evidence
- Motor Vehicles Act
- 1988 is a beneficial legislation
