Motor Vehicles Act a part of welfare law : Punjab and Haryana High Court

Chandigarh, Oct 14 (PTI) The Punjab and Haryana High Court has said that the Motor Vehicles Act is a welfare law and is aimed at providing speedy compensation to the families of those who lost their lives or were injured in road accidents. The court observed that the statute required a liberal approach to deal with the cases.

The court has held that delay in registering an FIR in such cases is futile.

The court observed that this factor may be relevant during a criminal trial but it cannot be given much importance in the proceedings for determination of compensation under the Motor Vehicles Act.

Justice HS Madan passed the order while disposing of a petition filed by a private insurance company against the amount of compensation fixed by a court in Haryana’s Palwal in the death of a 26-year-old man from Bhiduki village.

The motorcyclist died on 10 October 2015 due to “speeding and reckless” driving by the driver of a car.

The High Court said, “It has to be kept in mind that the Motor Vehicles Act is a welfare law and its objective is to expeditiously provide compensation to the family members of those injured in motor vehicle accidents or those who unfortunately lose their lives in such road accidents. A liberal approach is required in the matter.”

In this case, the family of the deceased had filed a compensation petition against the car driver. The Claims Tribunal in its order on September 2017 had ordered the insurance company to pay compensation of Rs 30,88,172 to the family of the deceased.

However, this order of the tribunal was challenged by the insurance company in the High Court while the relatives of the deceased had filed a separate petition seeking enhancement of the compensation amount.


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