CLAIM PETITION CANNOT BE DISMISSED MERELY ON THE GROUND OF DELAY IN LODGING FIR

SC: CLAIM PETITION CANNOT BE DISMISSED MERELY ON THE GROUND OF DELAY IN LODGING FIR

The purpose of lodging the FIR in motor accident cases is primarily to intimate the police to initiate investigation of criminal offences. Lodging of FIR certainly proves factum of accident so that the victim is able to lodge a case for compensation but delay in doing so cannot be the main ground for rejecting the claim petition. In other words, although lodging of FIR is vital in deciding motor accident claim cases, delay in lodging the same should not be treated as fatal for such proceedings, if claimant has been able to demonstrate satisfactory and cogent reasons in genuine cases for delayed lodgment of FIR. Unless kith and kin of the victim are able to regain a certain level of tranquility of mind and are composed to lodge it, even if there is delay, the same deserves to be condoned. In such circumstances, the authenticity of the FIR assumes much more significance than delay in lodging thereof supported by cogent reasons. If Court finds that there is no indication of fabrication or it has not been concocted or engineered to implicate innocent persons then, even if there is a delay in lodging the FIR, the claim case cannot be dismissed merely on that ground.

Reference : SC. Ravi v. Badrinarayan & Ors., civil appeal no. 1926 of 2011 [arising out of SLP (C) No. 11974 of 2008]

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Haider Ajaz

Advocate