Delay in lodging FIR would not be fatal and claim petition need not be dismissed on that ground - more important for him to get hischild treated first

Citation

2011 (1) TNMAC 326

AIR 2011 SUPREME COURT 1226

SUPREME COURT

(From : Rajasthan)

DALVEER BHANDARI , J. and DEEPAK VERMA , J.

Civil Appeal No. 1926 of 2011 (arising out of SLP (C) No. 11974 of 2008), D/- 18 - 2 - 2011

Ravi v. Badrinarayan and Ors

(A)Motor Vehicles Act (59 of 1988), S.140, S.166 - Criminal P.C. (2 of 1974), S.154 - Claim

petition - Delay in lodging FIR - Effect - Victim child aged 8 years suffered grievous injuries -

Father of child was not aware of niceties of law and it was more important for him to get his

child treated first - Owner of vehicle made categorical admission that he was aware of accident

caused by his driver on same day - In such case, delay in lodging FIR would not be fatal and

claim petition need not be dismissed on that ground.

Judgment of Rajasthan High Court, D/- 29-10-2007, Reversed.