SC ruling to benefit road mishap victims
Compensation in motor accident cases cannot be denied to the victim on the ground that there was a delay in lodging a criminal case against the accused driver.delhi Updated: Feb 20, 2011 23:17 IST
Compensation in motor accident cases cannot be denied to the victim on the ground that there was a delay in lodging a criminal case against the accused driver.
In a ruling that would benefit road accident victims, the Supreme Court disagreed with the Rajasthan high court order that refused to grant compensation to the family of a minor boy as his father had lodged the FIR two months after the incident.
SC awarded R2.5 lakh to the family members after noting the victim had become permanently disabled in a mishap
A bench headed by justice Dalveer Bhandari said: “We are of the considered opinion that the MACT (the lower court) as well as the high court committed error in coming to the conclusion that lodging the FIR belatedly would result in dismissal of the claim petition.”
The court agreed that a criminal case is vital in deciding a compensation case, but, the delay in registering it should not be treated as fatal for such proceedings.