A motor-accident compensation award cannot stand without the FIR required by Rule 232.

In brief

The question

1. Whether the Tribunal’s award could stand when the claimant’s application was not accompanied by an FIR and the insurer also objected to the absence of a charge sheet.

The court held

The Court dismissed the claimant’s appeal in MFA No. 6462/2021 and allowed the insurer’s appeal in MFA No. 3659/2021.

It also directed

It set aside the Tribunal’s judgment and award dated 30 March 2021 in MVC No. 46/2014.

01Facts

The claimant alleged that on 13 August 2011, a motorcycle driven by respondent No. 1 struck him at Kanakavalli Junction, Maharashtra, causing fractures to his right leg.

p. 5

He received inpatient and follow-up treatment and sought compensation before the MACT at Virajpet.

p. 5

The Tribunal awarded ₹1,82,586 with interest at 6% per annum.

p. 5

The claimant appealed seeking enhancement; the insurer appealed, contending that the accident was not established because no FIR or charge sheet had been produced.

pp. 5–6

02Issues

i.1. Whether the Tribunal’s award could stand when the claimant’s application was not accompanied by an FIR and the insurer also objected to the absence of a charge sheet.

pp. 6–8

ii.2. Whether the claimant was entitled to enhancement of the compensation awarded by the Tribunal.

pp. 5–6, 8–9

03Law Applied

Section 165 of the Motor Vehicles Act concerns the constitution and jurisdiction of Claims Tribunals, while Section 166 provides for applications for compensation; appeals from awards are brought under Section 173(1).

pp. 2–4, 7

Rule 232(3) of the Karnataka Motor Vehicles Rules, 1989, which provides that an application for compensation is to be accompanied by a medical certificate in the prescribed form (or the specified alternative) and an FIR concerning the accident.

pp. 7–8

No judicial precedent was cited.

Provisions in the judgment · 4 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173 Section 165 Section 166 Section 140