Case: Ravi Vs. Badrinarayan and Others

2. Cruel hands of destiny played havoc with the life of Ravi, then aged 8 years, on account of motor road accident, on 7.10.2001 at about 8.30 AM, when rear side of truck bearing Registration No. RJP - 1008, driven by Respondent No. 1 - Badrinarayan, owned by Respondent No. 2 - Prahlad Singh and insured with Respondent No. 3 - M/s. National Insurance Company Limited, hit the victim, causing multiple injuries to him. To add to his miseries, his claim petition filed under Section 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter shall be referred to as M.V. Act) before Motor Accident Claims Tribunal, Jaipur (for short, `MACT), registered as Claim Petition No. 865 of 2004, came to be dismissed on 19.9.2007 by learned Presiding Judge of the said Tribunal, mainly on the ground that formal FIR of the incident was lodged belatedly and Appellant failed to establish that on the fateful day, the said truck was involved in a motor road accident causing injuries to him.3. An appeal filed before the learned Single Judge of the High Court of Judicature for Rajasthan, Jaipur under Section 173 of the M.V. Act also came to be dismissed on 29.10.2007. Thus, all hopes of, at least, getting some amount of compensation to mitigate the miseries of the victim so as to lead a respectful and decent life had come to a grinding halt. It is under these circumstances, he has preferred the present appeal.Facts shorn of unnecessary details are as under:- On 7.10.2001, at about 8.30 AM, Ravi was attending to his call of nature, just in front of his house. There appears to be a 20 wide kutcha road in front of the said house. At that time, Respondent No. 1, Badrinarayan, was reversing truck bearing Registration No. RJP - 1008. Since there was no conductor, probably, he was not able to notice that Ravi was sitting on the side of the road, thus while reversing the vehicle rashly and negligently, it hit him from behind. The said accident was witnessed by AW 1 - Suresh Kumar, father of the victim and AW 2, Hari Narayan. Soon after the accident, both of them took Ravi to the hospital for treatment. Thus, they were not in a position to lodge the FIR immediately. Even though police had come to the hospital to record FIR but it could not be recorded on account of mental agony and stress through which AW 1 - Suresh Kumar was passing. Obviously at that point of time, he was more concerned to get the medical treatment for his son rather than lodging FIR. Being a common man, oblivious of the niceties of law, he did not deem it necessary to lodge the FIR immediately. Statements of Hari Narayan, Suresh Kumar, Asif Khan and Ravi were recorded under Section 161 CrPC. On notice being issued under Section 133 of the M.V. Act, the owner of the vehicle submitted the following reply :"It is submitted that as per the registration I am owner of truck no. RJP- 1008. On 7.10.2001 and at the time of the accident, my truck was being driven by the driver Badri Narayan S/o sh. Ram Nath Cast, Brahmin, Age 45 years R/o Purana Ghat, opposite Khaniya Dayal Hospital, Police Station - Transport Nagar, Jaipur. I was informed about the said accident on phone on the very same day.

Reasoning:
21. The purpose of lodging the FIR in such type of cases is primarily to intimate the police to initiate investigation of criminal offences. Lodging of FIR certainly proves factum of accident so that the victim is able to lodge a case for compensation but delay in doing so cannot be the main ground for rejecting the claim petition. In other words, although lodging of FIR is vital in deciding motor accident claim cases, delay in lodging the same should not be treated as fatal for such proceedings, if claimant has been able to demonstrate satisfactory and cogent reasons for it. There could be variety of reasons in genuine cases for delayed lodgment of FIR. Unless kith and kin of the victim are able to regain a certain level of tranquility of mind and are composed to lodge it, even if, there is delay, the same deserves to be condoned. In such circumstances, the authenticity of the FIR assumes much more significance than delay in lodging thereof supported by cogent reasons.22. In the case in hand, the Claims Tribunal as well as the High Court, committed grave error in not appreciating the mental agony through which Suresh was passing, whose son was severely injured.23. In the light of the aforesaid discussion, we are of the considered opinion that the MACT as well as High Court committed error in coming to the conclusion that lodging the FIR belatedly would result in dismissal of the claim petition.24. Now, the question comes for consideration as to how much amount can be awarded to the Appellant. Record shows that victim is now aged about 16 years but is still prosecuting his studies in class V only. Apparently, on account of nature of injuries sustained by him, he was unable to prosecute his studies in right earnest and lagged behind in the same. Medical Board Certificate issued by Government R.D.B.P. Jaipuria Hospital, Jaipur dated 17.12.2004 shows that he has suffered the following injuries and was admitted as many as on four occasions in the hospital, intermittently : "Diagnosis: Abdominal Injury with fractured Pelvis stricture urethra with ruptured urethra couplet transacted urethra (Case No. 020762) IInd Adm. 10.11.2001 to 12.11.2001, IIIrd Adm. 27.11.01 to 12.12.01; IVth Adm. 28.12.01 to 1.1.2002."25. It is to be noted that in a case where injury sustained by victim is of permanent nature, he suffers much more than the person who succumbs to the injury. In such cases, the injured has to carry on the burden of permanent disability throughout his life, which is certainly much more painful to the victim. In the present case, the Appellant had suffered an injury of permanent nature as a result of which he is not able to control his urine. He has to suffer with it throughout his life; thus the compensation should not only be adequate but proper also.26. On account of aforesaid injury, his permanent physical disability has been assessed at 50%. This report of the experts further shows that he is unable to control urine and suffers from continence disability which could not be cured even after surgical operation and frequent dilatation still takes place.27. He has also been accordingly issued a permanent disability certificate by the said Medical Board. Therefore, the said certificate clearly establishes that Appellant had sustained permanent disability to his own body to the extent of 50% and even after several surgeries; he was not able to control his urination. We can well appreciate and imagine the problems and difficulties of a young boy aged 16 years, who is not able to control his urination and spoils his clothes even while attending school. We have been given to understand that he is required to go with additional sets of clothings so that he could change the same, in case they are spoiled. This is the state of affairs even as on date. We do not doubt the genuineness and correctness of the aforesaid certificate. Even otherwise, Respondents have also not contended that this certificate is forged or fabricated and has been obtained with an intention to get compensation.28. Thus, looking into the matter from all angles, it is clearly established that in the said accident, Appellant had suffered severe injuries of permanent nature which have not been cured till date despite several surgeries. In our most modest computation, looking into the nature of injuries which are permanent in nature, we are of the opinion that a total amount of Rs. 2,50,000 (Rs. 2.5 Lakhs) to be awarded to the Appellant payable by Respondents jointly and severally, would meet the ends of justice. The aforesaid amount would also carry interest @ 6% p.a. from the date of filing of petition till the same is actually paid.