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Motor Vehicles Act, 1988 (59 of 1988) Section 166 – F.I.R. – Strict rules of procedure and evidence are not applicable in proceedings before the Tribunal - Furthermore, rules of procedure are handmaid of justice - Although in the FIR , particulars of the vehicle involved in the accident and name of its driver are not there but that does not make much difference - The FIR is not a substantive piece of evidence and its only purpose is to set the criminal machinery in motion - FIR is often lodged in hurry and it may not contain the minute and precise details of the incident - The FIR can be got registered by a person, who may not be an eye-witness of the same - It is only during investigation of the case that the police can come to know about the culprit/criminal, who had committed the crime.
Motor Vehicles Act, 1988 (59 of 1988) Section 166 – Merely for the reason that accused is not named in the FIR does not result in causing any dent in the prosecution story - Here although there has been some delay in reporting the matter to the police, but such factor may be quite relevant during the criminal trial but it cannot be given much weightage in proceedings for determining compensation payable in a petition under Section 166 of the Motor Vehicles Act.
