Karnataka High Court Overturns Tribunal's Dismissal of Compensation Claims in Motor Accident Case

Court rules delay in police complaint post-accident shouldn't bar compensation if valid reasons are provided

In a significant judgment, the Karnataka High Court at Dharwad has overturned a decision by the Additional Motor Accident Claims Tribunal in Belgaum, which had previously dismissed compensation claims due to delayed filing of a police complaint. The court, presided over by Dr. Chillakur Sumalatha, J., emphasized that such delays should not automatically discredit the claimants' cases if they can offer satisfactory explanations for the delay.

The judgment arose from appeals by Shri Pandurang and his wife, who were involved in a motor vehicle accident on February 17, 2013. The couple had filed separate claims after being hit by a TVS motorcycle driven negligently, resulting in injuries. The Tribunal had initially dismissed their petitions, citing a failure to promptly lodge a police complaint as grounds for dismissal.

Representing the appellants, Ms. Soubhagya Vakkund argued that the delay was due to the immediate medical attention required after the accident. A complaint was eventually filed on March 1, 2013, leading to an investigation and charges against the offending rider. The appellants relied on a precedent set by the Supreme Court in Ravi v. Badrinarayan, which underscores that delay in lodging an FIR should not be grounds for dismissing a claim if valid reasons exist.

The High Court meticulously examined the evidence, including wound certificates that confirmed the injuries as results of a road traffic accident. The judgment noted that the hospital's failure to inform the police should not penalize the claimants. It further highlighted that the law does not prescribe a strict timeframe for filing complaints, and delays should be assessed on a case-by-case basis.

Dr. Sumalatha, J. directed the Tribunal to reconsider the evidence and adjudicate the case anew, stating that the initial dismissal was inappropriate given the circumstances. The ruling reinforces the importance of scrutinizing evidence closely rather than relying solely on procedural timeliness in motor accident claims.

Bottom Line:

Delay in lodging complaint to police after a motor vehicle accident cannot be a ground to dismiss claim petitions for compensation if claimants provide satisfactory and cogent reasons for such delay.

Statutory provision(s): Motor Vehicles Act, 1988

Shri Pandurang v. Durdundi Malagouda Patil, (Karnataka)(Dharwad) : Law Finder Doc Id # 2810716