motor vehicles act, 1988 (59 of 1988) Section 166 – fir – Filed after 36 hours – Even if there had been no FIR registered in the matter, that would not have disentitled the claimants from compensation on account of death of deceased in the accident – The FIR can, at the best, be taken as a supporting document, to assess; whether the vehicle is involved in the accident or not – Even, the challan has been filed – Claimants have examined the eye witness who has duly proved the accident – If the insurance company intended to rebut the evidence led by the claimants on this aspect, then the insurance company should have led positive evidence in this regard.
(2022-1)205 PLR 325 (p&h)
