Calcutta High Court Upholds Compensation Despite FIR Delay
The Calcutta High Court has dismissed an appeal by National Insurance Co Ltd, upholding a compensation award of Rs 29.37 lakh to the family of Megdoot Dhak, who died in a hit-and-run accident in April 2021. The insurance company challenged the payout, citing a six-day delay in lodging the First Information Report (FIR) and the initial absence of the vehicle number in the report as grounds for denial. Justice Biswaroop Chowdhury rejected these arguments, observing that in Indian society, families prioritize rushing injured victims to hospitals over immediate police reporting, especially amidst grief and shock. The court clarified that police are duty-bound to investigate and identify vehicles even if details are missing from the initial FIR. The victim, the sole breadwinner, was struck while parked on the roadside. The trial court’s 2023 decision accounted for future prospects and general damages. The High Court directed that the minor daughter’s share be deposited in a nationalized bank until she reaches majority. This ruling reinforces legal protections for accident victims against technical procedural delays by insurers.
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Calcutta High Court Upholds Compensation Despite FIR Delay
The Calcutta High Court has dismissed an appeal by National Insurance Co Ltd, upholding a compensation award of Rs 29.37 lakh to the family of Megdoot Dhak, who died in a hit-and-run accident in April 2021. The insurance company challenged the payout, citing a six-day delay in lodging the First Information Report (FIR) and the initial absence of the vehicle number in the report as grounds for denial. Justice Biswaroop Chowdhury rejected these arguments, observing that in Indian society, families prioritize rushing injured victims to hospitals over immediate police reporting, especially amidst grief and shock. The court clarified that police are duty-bound to investigate and identify vehicles even if details are missing from the initial FIR. The victim, the sole breadwinner, was struck while parked on the roadside. The trial court’s 2023 decision accounted for future prospects and general damages. The High Court directed that the minor daughter’s share be deposited in a nationalized bank until she reaches majority. This ruling reinforces legal protections for accident victims against technical procedural delays by insurers.
The Indian Express