A delayed FIR does not negate negligence where contemporaneous records corroborate the accident.

The claimant sought compensation under the Motor Vehicles Act for injuries sustained when a car owned by respondent No. 1, in which he was travelling, struck a roadside tree on 28 December 2019.

His brother, who was also travelling in the car, lodged the complaint; the police later filed a charge sheet against the driver under Sections 279, 337 and 338 of the Indian Penal Code, 1860.

The Tribunal dismissed the claim, finding that the claimant had not proved the accident or the driver’s rash and negligent driving, although it assessed compensation at Rs. 5,37,616 with interest at 6% per annum.

The claimant appealed, challenging the finding on negligence.

1. Whether the Tribunal erred in answering Issue No. 1 in the negative and dismissing the claim petition, where the claimant alleged that the driver’s rash and negligent driving caused the accident and his injuries?

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

The Court considered whether the claimant had established that the accident and resulting injuries were caused by the driver’s rash and negligent driving, assessing the evidence on record.

The charge sheet referred to offences under Sections 279, 337 and 338 of the Indian Penal Code, 1860.

The Court found that the same-day wound certificates recorded road-traffic-accident histories for both the claimant and his brother, and that the claimant’s hospital records documented his admission later that day with a consistent account of the accident.

The Motor Vehicle Inspector’s report recorded extensive damage to the car, while the police had filed a charge sheet against its driver.

The brother’s explanation—that he delayed reporting the accident while caring for the claimant during treatment—accounted for the delay; the delay did not outweigh the contemporaneous medical evidence.

The insurer produced no evidence that the charge sheet was false.

On the combined evidence, the Court held that the claimant had proved the accident and the driver’s rash and negligent driving.

It awarded the assessed compensation of Rs. 5,37,616 with interest at 6% per annum from the date of the petition until realisation, holding respondents 1 and 2 jointly and severally liable and directing the insurer to deposit the amount within six weeks.

The claimant may receive 50% of the compensation with interest; the balance is to be placed in a three-year fixed deposit with Karnataka Bank, City Civil Court Branch, Bengaluru.