New Delhi: The Supreme Court has delivered a significant judgment setting aside a motor accident compensation claim, emphasizing the critical importance of supporting legal claims with substantial evidence. Justices Sudhanshu Dhulia and Ahsanuddin Amanullah made notable observations on the evidentiary requirements in compensation claims.
Supreme Court Highlights Importance of Evidence in Motor Accident Claims
The court addressed the case of Velu, who sought compensation for injuries allegedly sustained in a motor accident. Referring to the circumstances, the court noted, “The respondent no.1 (injured) was the claimant in a motor accident claim as he sustained injuries which he claimed had occurred due to a motor accident while he was driving his two-wheeler scooter and collided with a four-wheeler lorry on 27.12.2011.”
Highlighting the lack of supporting evidence, the court observed, “We do not think that the order of the High Court is sustainable for the simple reason that there was not even an iota of evidence before the Tribunal or the High Court showing that the injuries were sustained in a motor accident, except for the delayed FIR.”
Delayed FIR Not Enough: SC Sets Aside Motor Accident Compensation Claim
Addressing the evidentiary implications of a delayed FIR, the court stated, “In a given case, a delayed FIR will not matter. Merely because the FIR has been delayed, a claim cannot be rejected. However, in the present case, considering that all the available evidence points towards a skid and fall, and not a motor accident, the delayed FIR also requires relevance.”
Consequently, the court set aside the High Court’s order, concluding, “Under these circumstances, we allow the prayer of the petitioner-insurance company and set aside the order dated 05.07.2018 passed by the High Court of Judicature at Madras.” The court, while allowing the appeal, emphasized the necessity of substantive evidence in compensation claims, particularly in cases involving delayed filing of First Information Reports (FIRs).
Appearing on behalf of the petitioner were Mr. Salil Paul, Adv., Mr. Sahil Paul, Adv., Ms. Manjeet Chawla, AOR, and Mr. Sandeep Dayal, Adv. Representing the respondent were Mr. Vipin Nair, AOR, Ms. M.B. Ramya, Adv., Mr. P.B. Sashaankh, Adv., Mr. Mohd Aman Alam, Adv., Mr. Aditya Narendranath, Adv., and Ms. Madhavi Yadav, Adv.
Case Title: New India Assurance Co. Ltd. vs Velu & Anr.
