Mere Delay In FIR Registration No Ground To Reject Motor Accident Claim; But Delay Can Become Relevant Depending On Evidence : Supreme Court

The Supreme Court observed that although the delay in lodging an 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 claimant's allegations.The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the Madras High. The Supreme Court observed that although the delay in lodging an 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 claimant's allegations. The bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah was hearing the appeal filed by the New India Assurance Co. Ltd. against the Madras High Court's decision setting aside the Motor Accident Claims Tribunal decision to reject the respondent claimant's claim against the injuries sustained to the claimant due to skid and fall from the scooter. Based on the medical reports stating that the injuries suffered by the claimant were due to the skid and fall of the scooter not from a collision and there was a delay in filing a FIR, the MACT rejected the Respondent claimant's claim The matter was taken in appeal where the order/award of the Tribunal has been set aside by the High Court on the ground that mere delay of FIR cannot be a ground for rejecting the claim of respondent no.1 and ordered the claim of Rupees Eleven lakh fifty thousand along with interest @ 7.5 % with a period of six weeks.