Delay in FIR Registration is Not Sufficient to Dismiss a Motor Accident Claim; However, the Delay May Be Relevant Based on the Evidence: Supreme Court
In the case of New India Assurance Co. Ltd. v. Velu & Anr., the Supreme Court held that while a delay in filing an FIR cannot automatically reject a motor accident compensation claim, it becomes significant when other evidence contradicts the claimant's allegations. The bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, was hearing an appeal by New India Assurance Co. Ltd. against the Madras High Court's decision, which overturned the Motor Accident Claims Tribunal (MACT) ruling that had rejected the claimant’s compensation claim following a 34-day delay in filing the FIR.
The claimant, injured in an accident on December 27, 2011, filed an FIR on January 30, 2012, and sought Rs. 20 lakh in compensation. The MACT rejected the claim due to the delayed FIR and medical reports suggesting the injuries resulted from a skid, not a collision. The Madras High Court, however, ruled that a delayed FIR alone should not deny the claim and awarded Rs. 11.5 lakh with interest.
On appeal, the insurer argued that the delay in lodging the FIR justified rejection, as evidence indicated the accident was caused by a skid rather than a collision. The claimant contended that the delay should not affect the claim.
The Supreme Court, while acknowledging that a delayed FIR alone cannot disqualify a claim, noted that in this case, the lack of supporting medical evidence and the police’s closure report, which indicated no motor accident, made the delay relevant. Consequently, the Court set aside the High Court’s ruling, reaffirming the MACT’s decision to reject the claim based on the delayed FIR and conflicting evidence. The appeal was allowed.