Motor Vehicle Act a welfare measure, needs liberal approach: HC | India News


CHANDIGARH: The High Court of Punjab and Haryana has held that the Motor vehicle law it is a part of the welfare legislation and a liberal approach is required when dealing with matters under this statute.
The court also held that a delay in registering a FIR TREE in such cases it is insignificant: although this factor may be relevant during a criminal trial, it cannot be given much importance in the procedures for determining compensation under the law. “Often times, an FIR is rushed and may not contain the minute and precise details of the incident. The FIR can be registered by a person who cannot be an eyewitness. It is only during the investigation of the case that the police can come to know the culprit / criminal, who had committed the crime. The mere fact that the accused has not been identified in the FIR does not affect the history of the accusation, ”observed the HC.
Justice HS Madaan of the HC has approved these orders upon having a petition filed by Royal Sundaram Alliance Insurance Company Ltd Against compensation awarded by a Palwal-based court for the death of a Palwal District resident in a motor vehicle accident. In this case, a 26-year-old Bansi Lal, a resident of Bhiduki village in Haryana, had died on October 10, 2015 due to the hasty and negligent driving of one Gajraj Singh. The family of the deceased filed a claim lawsuit against the driver of the vehicle. Upon hearing his statement, a claims court in its order of September 4, 2017 ordered the insurance company to pay compensation of Rs 30,88,172.
Aggravated by this, the insurance company had approached the HC. The family of the deceased also filed a separate petition seeking an increase in compensation.
“It should be noted that the Motor Vehicle Law is a welfare law and its purpose is to provide prompt compensation to people who are injured in a car accident or to the family members of those people who, sadly, die in such road accidents. , “Justice HS Madaan said.

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