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Motor Automobile Act a welfare measure, wants liberal method: HC | India News – NewsEverything AllIndia

CHANDIGARH: The Punjab and Haryana excessive court docket has held that the Motor Automobiles Act is a chunk of welfare laws and a liberal method is required whereas coping with issues underneath this statute.
The court docket additionally held {that a} delay in registration of an FIR in such circumstances 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 underneath the Act. “An FIR is usually lodged in a rush and it might not include the minute and exact particulars of the incident. The FIR might be registered by an individual who might not be an eye-witness. It is just throughout investigation of the case that the police can come to know in regards to the wrongdoer/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 towards the compensation awarded by a Palwal-based court docket for the loss of life of a resident of Palwal district in a car accident. On this case, one Bansi Lal, 26, a resident of Bhiduki village in Haryana had died on October 10, 2015 because of rash and negligent driving by one Gajraj Singh. The household of the deceased filed a declare petition towards the motive force of the car. 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 looking for enhancement of compensation.
“It must be saved in thoughts that the Motor Automobiles Act is a chunk of welfare laws and its function is to supply immediate compensation to the individuals struggling accidents in a motor vehicular accident or to relations of such individuals sadly dying in such highway mishaps,” Justice HS Madaan mentioned.

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