Motor Vehicle Act a welfare measure, wants liberal strategy: HC | India News – Times of India


CHANDIGARH: The Punjab and Haryana excessive court docket has held that the Motor Vehicles Act is a chunk of welfare laws and a liberal strategy is required whereas coping with issues below this statute.
The court docket additionally held {that a} delay in registration of an FIR in such circumstances is insignificant — whereas this issue could also be related throughout a felony trial, it can’t be given a lot weightage in proceedings for figuring out compensation below the Act. “An FIR is often lodged in a hurry and it may not contain the minute and precise details of the incident. The FIR can be registered by a person who may not be an eye-witness. It is only during investigation of the case that the police can come to know about the culprit/criminal, who had committed the crime. Merely for the reason that the accused had not been named in the FIR does not result in causing any dent to the prosecution story,” the HC noticed.
Justice HS Madaan of the HC has handed these orders whereas disposing of a petition filed by Royal Sundaram Alliance Insurance Company Ltd in opposition to the compensation awarded by a Palwal-based court docket for the demise of a resident of Palwal district in a automobile accident. In this case, one Bansi Lal, 26, a resident of Bhiduki village in Haryana had died on October 10, 2015 because of rash and negligent driving by one Gajraj Singh. The household of the deceased filed a declare petition in opposition to the motive force of the automobile. Hearing their plea, a declare tribunal in its order of September 4, 2017 ordered the insurance coverage firm to pay a compensation of Rs 30,88,172.
Aggrieved by this, the insurance coverage firm had approached the HC. A separate petition was additionally filed by the deceased’s household looking for enhancement of compensation.
“It has to be kept in mind that the Motor Vehicles Act is a piece of welfare legislation and its purpose is to provide prompt compensation to the persons suffering injuries in a motor vehicular accident or to family members of such persons unfortunately dying in such road mishaps,” Justice HS Madaan mentioned.





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