Motor Car Act a welfare measure, wants liberal method: HC | India Information


CHANDIGARH: The Punjab and Haryana excessive courtroom has held that the Motor Automobiles Act is a chunk of welfare laws and a liberal method is required whereas coping with issues beneath this statute.
The courtroom additionally held {that a} delay in registration of an FIR in such instances is insignificant — whereas this issue could also be related throughout a legal trial, it can’t be given a lot weightage in proceedings for figuring out compensation beneath the Act. “An FIR is usually lodged in a rush and it might not comprise the minute and exact particulars of the incident. The FIR could be registered by an individual who might not be an eye-witness. It’s only throughout investigation of the case that the police can come to know concerning the perpetrator/legal, who had dedicated the crime. Merely given that the accused had not been named within the FIR doesn’t lead to inflicting 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 coverage Firm Ltd in opposition to the compensation awarded by a Palwal-based courtroom for the loss of life of a resident of Palwal district in a automobile accident. On this case, one Bansi Lal, 26, a resident of Bhiduki village in Haryana had died on October 10, 2015 resulting from rash and negligent driving by one Gajraj Singh. The household of the deceased filed a declare petition in opposition to the driving force of the automobile. Listening to 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 in search of enhancement of compensation.
“It must be saved in thoughts that the Motor Automobiles Act is a chunk of welfare laws and its goal is to offer immediate compensation to the individuals struggling accidents in a motor vehicular accident or to relations of such individuals sadly dying in such street mishaps,” Justice HS Madaan mentioned.





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