Karnataka HC Awards Injured Pillion Rider ₹3.14 Lakh, Finding Hospital Treatment Explained His 7-Day FIR Delay

The claimant sought compensation for injuries sustained in a road accident on 24 November 2022, alleging that the rider of motorcycle No. KA-11-EM-0842 caused the accident by rash and negligent riding.

The Tribunal dismissed the claim petition in MVC No. 185/2023, citing, among other matters, delay in lodging the FIR and two medical bills dated before the accident.

The claimant appealed.

The judgment’s framed issue identifies the claimant’s motorcycle as No. KA-11-EU-0599.

Whether the claimant established that he sustained injuries in the accident due to the rash and negligent riding of the rider of motorcycle No. KA-11-EM-0842

Whether the claimant was entitled to compensation and, if so, in what amount

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

Relying on Ravi v. Badrinarayan, AIR 2011 SC 1226, the Court applied the principle that delay in lodging an FIR is not, by itself, a ground to reject a motor-accident claim; the evidence should instead be scrutinised more carefully for fabrication or concoction.

In assessing compensation, the Court applied the multiplier method to the claimant’s notional monthly income and assessed disability, treating one-fourth of the assessed 24% upper-limb disability as whole-body disability.

The discharge summary showed that the claimant was admitted on the date of the accident and discharged after five days, while the wound certificate recorded a right clavicle fracture.

The claimant’s first information explained the FIR delay by reference to his hospital treatment; the Court found that explanation consistent with the medical records.

The charge sheet against the rider of motorcycle No. KA-11-EM-0842 further supported the claimant’s account, so the Court rejected the insurer’s reliance on the delay as a basis for dismissal.

For compensation, the Court took the 2022 notional income as ₹15,000 per month, applied a multiplier of 17 and a 6% whole-body disability assessment, and allowed the medical bills other than the two dated before the accident.

The insurer was directed to deposit the amount within six weeks.

The claimant was denied interest for the 335-day delay in filing the appeal but was entitled to release of the entire compensation amount with interest.