Mere Delay In Filing FIR Not Fatal In Motor Accident Claims If Adequate Explanation Is Offered: Gujarat High Court

The Gujarat High Court recently directed the Motor Accident Claims Tribunal to consider the claim petition filed by a motor accident victim, even though there was a delay of about 1 month in reporting the matter to the Police. In appeal, the claimant averred that the Tribunal had committed a gross error in rejecting the claim petition even though sufficient evidence was attached regarding the involvement of the vehicle of Opponent No. The Tribunal was also said to have disregarded the opinion of the Supreme Court in Ravi v. Badrinaryan 4 SCC 693, where it was held that delay in lodging FIR should not be treated as fatal for motor accident claim cases, if claimant has been able to demonstrate satisfactory and cogent reasons for it. The High Court observed that though there is some inconsistency in the documentary evidence as well as oral evidence produced on the record, but in the compensation cases the Court cannot take "strict view" when the charge-sheet is also filed against the driver of the offending vehicle though, the complaint is admittedly filed after 27 days.