Non-filing of FIR-Not fatal to Claim Petition-FIR/Police Investigation not always a condition precedent for awarding daim Claim can be proved by admissible evidence

Citation

2013 (1) TNMAC 454 (Mad)

IN THE HIGH COURT OF MADRAS

Aruna Jagadeesan, J.

C.M.A. Nos.4107 of 2008 & 2227 of 2009.

October 15, 2012

Anbazhagan; A. Sivaraman (Minor); A. Raguram (Minor); Viswanathan; New India Assurance Co. Ltd., Chennai-1

Vs.

...Appellant

...Respondent

V. Shankar New India Assurance Co. Ltd., Chennai-1; Anbazhagan; A. Sivaraman (Minor); A. Raguram (Minor); Viswanathan; V. Shankar

MOTOR VEHICLES ACT, 1988 (59 of 1988), Section 166 Claim under Non-filing of FIR-Not fatal to Claim Petition-FIR/Police Investigation not always a condition precedent for awarding daim Claim can be proved by admissible evidence with all probabilities Accident on account of negligent act of family member Deceased travelling as pillion rider in Motor Cycle driven by her brother Police Complaint or initiation of Criminal prosecution against rider cannot be expected-Circumstances needed justice oriented approach Finding of negligence confirmed. [Paras 6 to 8]