Delay in lodging FIR is not fatal to motor accident claims if the factum of accident is otherwise proven.

On February 28, 2018, the claimant, Anil, was hit by a rashly driven car (MP 39 C 2577) while returning home on his motorcycle.

He suffered grievous injuries, including permanent damage to his right eye, and was hospitalized until March 24, 2018.

An FIR was lodged on the day of his discharge, resulting in a 24-day delay.

The Claims Tribunal awarded Rs. 8,98,200/-, assessing permanent disability at 30% but excluding future prospects.

The claimant sought enhancement (M.A. 1972/2020), while the Insurance Company challenged the liability (M.A. 2259/2021), alleging false involvement due to the delayed FIR.

1. Whether a 24-day delay in lodging the FIR is fatal to a motor accident claim where the claimant was hospitalized during the intervening period.

2. Whether the claimant is entitled to an additional 40% of income towards "future prospects" for a 30% permanent disability.

Section 173 of the Motor Vehicles Act, 1988.

Ravi v. Badrinarayan (2011) 2 SCC (Civ) 426, which establishes that delay in lodging an FIR is not a ground to dismiss a claim if the delay is satisfactorily explained and the accident is proved by cogent evidence.

The principle of awarding "future prospects" (at 40% for claimants below 40 years) to the assessment of loss of future income.

The Court rejected the Insurance Company's plea regarding the delayed FIR, noting that the claimant provided a satisfactory explanation: he was hospitalized from the date of the accident until the date the FIR was lodged.

Citing Ravi v. Badrinarayan, the Court held that in Indian conditions, medical treatment takes priority over police reports, and since an eyewitness (AW.2) corroborated the accident, the delay was not fatal.

Regarding quantum, the Court found the Tribunal erred by not including future prospects despite the 30% permanent disability.

Applying the 40% future prospects addition to the established monthly income of Rs. 6,000/- and a multiplier of 17, the Court recalculated the loss of future income to be Rs. 5,14,080/-.

The Court dismissed the Insurance Company's appeal and partially allowed the claimant's appeal, enhancing the compensation by Rs. 1,46,880/-, bringing the total award to Rs. 10,45,080/-.

The enhanced amount shall carry the same interest rate as fixed by the original Tribunal.