Delay in FIR Not Sole Basis to Deny Motor Accident Claim: Supreme Court
- Case Name: New India Assurance Co. Ltd. v. Velu & Anr
- Judge(s): Justice Sudhanshu Dhulia and A Amanullah
- Advocate(s): Advocate Salil Paul & Vipin Nair
On December 27, 2011, Velu claimed ₹20 lakhs compensation for injuries from a two-wheeler accident with a lorry. The Motor Accident Claims Tribunal (MACT) rejected his claim, stating hospital records showed his injuries were from a "skid and fall".
The FIR was filed 34 days late, raising doubts. The Madras High Court awarded Velu ₹11.5 lakhs, but the insurance company appealed, citing lack of evidence.
Supreme Court ruled that while a delayed FIR alone cannot dismiss a claim, it is important if there’s no proof. With no credible evidence of an accident, the Court ruled in favor of the insurer.
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