NDLI: Ravi Vs. Badrinarayan and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Compensation claim Motor accident
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Motor Vehicles Act, 1988 (59 of 1988)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Motor Vehicles Act, 1988 - ss.140 and 166:Motor accident - Compensation / claim - Whether delay in lodging FIR of the accident can prove fatal so as to result into dismissal of the claim petition filed by the claimant. Held: Although lodging of FIR is vital in deciding motor accident claim cases, delay in lodging the same should not be treated as fatal for such proceedings, if claimant is able to demonstrate satisfactory and cogent reasons for it - There could be variety of reasons in genuine cases for delayed lodgment of FIR - In cases of delay, the courts are required to examine the evidence with a closer scrutiny and in doing so; the contents of the FIR should ($/so be scrutinized more carefully - If court finds that there is no indication of fabrication or it has not been concocted or engineered to implicate innocent persons then, even if there is a delay in lodging the FIR, the claim case cannot be dismissed merely on that ground - In the present case, it was amply proved that the truck owned by respondent no.2 and driven by respondent no. 1 was involved in the road accident, which had caused injuries to the appellant - No doubt, there was delay in lodging the FIR but the same was explained by the appellant's father. The explanation offered by him was not only satisfactory it inspired confidence as cogent and valid reasons were assigned therein - Further, a consistent stand was taken by appellant's father right from the beginning till the lodging of the F. I.R. Under the circumstance$, it cannot be said that delay in lodging the FIR was fatal to the claim case filed by the appellant - FIR.Motor accident - Adequate and proper compensation - Appellant, a minor boy aged 8 years, hit by a moving truck . He sustained permanent disability to the extent of 50% and even after several surgeries not able to control his urination. Appellant now aged about 16 years but still prosecuting his studies in class V only - Held: Apparently, on account of nature of injuries sustained by the appellant, he was unable to prosecute his studies in right earnest and lagged behind in the same - In a case where injury sustained by victim is of permanent nature, he suffers much more than the person who succumbs to the injury - In the present case, the appellant has to suffer throughout his life; thus the compensation should not only be adequate but proper also - Looking into the nature of injuries suffered by appellant which are permanent in nature, and in the interest of justice, appellant granted compensation of Rs.2.5 lakhs, payable by the respondents, jointly and severally- Said amount to carry interest@ 6% p.a. from the date of filing of claim petition till the same is actually paid. Appellant, a minor boy aged 8 years, suffered
Judge	Hon'ble Mr. Justice Deepak Verma
Neutral Citation	2011 INSC 139
Petitioner	Ravi
Respondent	Badrinarayan And Ors.
SCR	[2011] 4 S.C.R. 400
Judgement Date	2011-02-18
Case Number	1926

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Ravi Vs. Badrinarayan and Ors.

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Ravi Vs. Badrinarayan and Ors.

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