SC: MERE DELAY IN FIR REGISTRATION NO GROUND TO REJECT MOTOR ACCIDENT CLAIM; BUT DELAY CAN BECOME RELEVANT DEPENDING ON EVIDENCE

The Supreme Court in the case New India Assurance Co. Ltd. Versus Velu And Anr. observed that the delay caused in lodging an First Information Report, FIR would not be a ground to reject a Motor Accident Compensation claim; it gains relevance in cases where other evidence does not support the allegations of claimant's.

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The bench comprising of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was hearing the present matter.

The bench in the case was hearing the appeal filed by the New India Assurance Co. Ltd. against the decision of Madras High Court, wherein the court set aside the Motor Accident Claims Tribunal, MACT decision to reject the claim of respondent claimant's against the injuries sustained to the claimant due to skid and fall from the scooter.

On the other hand, the Respondent Claimant met with an accident on Dec. 27, 2011, and lodged an First Information Report, FIR after a delay of 34 days, i.e., on January 30, 2012.