Motor Accidents Claims: Liability Based On Negligence Can Be Fixed Even If No FIR Is Registered Despite Complaint- Bombay HC

The Bombay High Court has held that in a case under the Motor Vehicles Act, 1988, finding of negligence can be arrived at and liability can be fixed, even if no FIR has been registered in respect of the accident despite a complaint by the claimant.

The Bench of Justice Shivkumar Dige held, "Taking cognizance of the complaint was the duty of the police. If the police did not register offence, the blame cannot be put on the claimant, as claimant had informed the police about the happened accident".

Advocate S.M. Dange appeared for the Appellant and Advocate Sushma S. Poyekar appeared for Respondent No.1.

The appeal before the High Court was filed by the insurance company. It was argued by the appellant that when FIR is not registered, the Motor Accident Claims Tribunal should have not considered the negligence of the driver of the offending vehicle.

The Bench noted that the Police had not closed enquiry of the complaint stating that it was false complaint, instead it had been closed on the ground that the accident was minor in nature.

Accordingly, the Court dismissed the appeal. 

The New India Assurance Co. Ltd. v. Lalbahadur Z. Gupta & Anr.

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