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Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): Dalveer Bhandari, Deepak Verma , JJ

(A) Motor Vehicles Act (59 of 1988) , S.140, S.166— Criminal P.C. (2 of 1974) , S.154— Claim petition - Delay in lodging FIR - Effect - Victim child aged 8 years suffered grievous injuries - Father of child was not aware of niceties of law and it was more important for him to get his child treated first - Owner of vehicle made categorical admission that he was aware of accident caused by his driver on same day - In such case, delay in lodging AIR would not be fatal and claim petition need not be dismissed on that ground. Judgment of Rajasthan High Court, D/- 29-10-2007, Reversed. The purpose of lodging the FIR in motor accident cases is primarily to intimate the police to initiate investigation of criminal offences. Lodging of FIR certainly proves factum of accident so that the victim is able to lodge a case for compensation but delay in doing so cannot be the main ground for rejecting the claim petition. In other words, although lodging of FIR is vital in deciding motor accident claim cases, delay in lodging the same should not be treated as fatal for such proceedings, if claimant has been able to demonstrate satisfactory and cogent reasons for it. There could be variety of reasons in genuine cases for delayed lodgment of FIR. Unless kith and kin of the victim are able to regain a certain level of tranquillity of mind and are composed to lodg....