FIR not must for claiming accident damages

NEW DELHI: A Motor Accident Claim Tribunal (MACT) on Tuesday said it was not necessary for accident victims to lodge an FIR to be entitled for compensation.

MACT judge Swaran Kanta Sharma passed the order on a plea for compensation by Delhi resident Durgesh Kumar Gupta and his two children, injured in a road accident on the Badri Nath Dham to Delhi road three years ago. Gupta’s wife Shankuntala Devi was killed in the accident caused by the driver of a vehicle coming from the opposite side. 

Gupta’s family had not lodged an FIR in the case. The court rejected the insurance company’s claim that there was no proof  rash and negligent driving caused the accident as no FIR had been lodged.

“While deciding such  cases, a Tribunal should keep in mind... what were the circumstances when the accident took place,” Sharma said. “In such circumstances any human being will save surviving family members” before filing an FIR, he observed.   The tribunal asked the National Insurance Company Ltd to award a total compensation of Rs 9.71 lakh with 7.5 per cent interest to Gupta and his two children.
b_rakesh@dnaindia.net