Injured Woman’s ₹1.94 Lakh Award Stands As Karnataka HC Rejects Insurer’s Challenge Over 4½-Year Claim Delay

The claimant sustained injuries in a road accident on 25 September 2006. She lodged a police complaint on 7 March 2007, following which an FIR was registered. She filed a claim petition on 18 March 2011, and the Tribunal awarded her ₹1,94,219 with interest at 7% per annum.

The insurer appealed, principally challenging the claim on the ground of delay. The High Court heard the appeal at the admission stage.

Under Ravi v. Badrinarayan, (2011) 4 SCC 693, delay in lodging an FIR cannot, by itself, defeat a motor-accident compensation claim. In cases involving delay, courts must scrutinise the evidence and FIR more carefully; if there is no indication of fabrication or engineered implication of an innocent person, the claim cannot be dismissed merely for delay.

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

The Court noted that the accident and the claimant’s injuries were supported by the evidence, including the claimant’s testimony, an eyewitness’s account, medical records, and the driver’s guilty plea in the criminal proceedings.

The Tribunal had considered the delay objection and found that the accident was not disputed; the insurer identified no pleading or document suggesting fabrication or raising suspicion about the claimant’s case. Applying Ravi, the Court held that delay alone did not undermine the claim. Its reasoning addressed both the delayed complaint and the insurer’s challenge based on the delayed claim petition.

The Tribunal’s award of ₹1,94,219 with interest at 7% per annum therefore remained undisturbed; pending applications were closed.