The Court addresses FIR delay and insurance policy violations, ensuring just compensation for the victim's family.
In a notable judgment, the Calcutta High Court has ruled in favor of the claimants in a motor accident case, enhancing the compensation to Rs. 34,00,000 from the initial award of Rs. 22,59,616. The case, titled "National Insurance Co. Ltd. v. Sandhya Keora," was presided over by Justice Biswaroop Chowdhury, who meticulously evaluated the circumstances surrounding the accident and the subsequent legal proceedings.
The incident in question occurred on June 28, 2015, when Suresh Keora, a regular employee of Bharat Sanchar Nigam Limited, was fatally injured in a motorcycle accident near Neamatpur. The victim succumbed to his injuries on July 2, 2015, after being hospitalized. The FIR, however, was filed on July 21, 2015, leading to an appeal by the National Insurance Co. Ltd., which contested the delay in filing the FIR and the validity of the driver's license involved in the accident.
The High Court, in its judgment dated February 19, 2026, clarified that the delay in lodging the FIR was justified due to the victim's hospitalization, the period of mourning, and the completion of rituals. The court emphasized that such delays should not be viewed with suspicion, especially when adequately explained.
Additionally, the court addressed the issue of the driver's license. The insurance company argued that the driver, holding a Light Motor Vehicle (LMV) non-transport license, was not authorized to drive a motorcycle, thus constituting a policy violation. The court acknowledged this violation but reiterated that the insurance company must first compensate the claimants and may recover the amount from the vehicle owner following due process, including giving the owner a chance to be heard.
The court also recalculated the compensation, considering the victim's annual income and future prospects, ultimately enhancing the award to Rs. 34,00,000. The judgment underscores the court's commitment to ensuring fair and reasonable compensation for victims and their families in motor accident claims, balancing procedural technicalities with the need for justice.
The National Insurance Co. Ltd. has been directed to deposit the enhanced amount with the Registrar General of the High Court of Calcutta, with an interest rate of 6% per annum from the date of the claim filing until the order's communication. The claimants are entitled to withdraw the awarded sum upon fulfilling necessary formalities.
Bottom Line:
Motor Accident Claims - Delay in lodging FIR explained due to hospitalisation, rituals, and mourning period - Mere delay in FIR is not fatal in a claim case.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166
National Insurance Co. Ltd. v. Sandhya Keora, (Calcutta) : Law Finder Doc id # 2856042
