Hospital's Failure To Inform Police About Road Accident Cannot Defeat Victim's Compensation Claim: Karnataka High Court

The Karnataka High Court held that failure on the part of hospital authorities to give intimation to the police about a road accident should not affect the claimants' chances of securing compensation in motor accident cases.Justice Dr. Chillakur Sumalatha said so while allowing the appeals filed by Pandurang Shivane and his wife, who had challenged the trial court's order dismissing their claim petitions on the ground that they failed to prove they were injured in a road traffic accident.The petitioners argued that immediately after the accident, they were shifted to the hospital for treatment. The wound certificates revealed the nature of the injuries sustained. As they were undergoing treatment and attending to one another, they were unable to lodge a complaint with the police immediately. A complaint was later filed, and the police, after investigation, filed a chargesheet against the rider of the offending vehicle. However, the Tribunal, without considering these facts, dismissed the claim petitions.Counsel for Reliance General Insurance Co. Ltd. argued that there was no intimation from hospital authorities regarding the alleged accident and that the claimants also did not lodge a police complaint immediately or soon thereafter. It was submitted that the Tribunal had rightly dismissed the petitions on this ground.The High Court, after examining the records, observed that the wound certificates clearly mentioned “Road Traffic Accident (RTA).” It noted that, for reasons best known, the hospital authorities did not inform the police. The Court held that such failure should not adversely impact the claimants' right to compensation.The Court emphasised that no time limit is prescribed in law for lodging a police complaint. Whether a delay in initiating proceedings is fatal depends on the facts and circumstances of each case.It was observed that courts must examine whether the delay was used to fabricate allegations, settle scores, or prepare the ground for a false claim. In the absence of such circumstances, and where the delay was due to genuine reasons, such as inability to approach the police immediately, the delay should not stand in the way of the victim obtaining justice.Allowing the appeals, the Court restored the claim petitions to the file of the trial court and directed it to appreciate the evidence in light of the findings recorded by the High Court and decide the matters afresh on their merits. Appearance: Advocates Soubhagya Vakkund, Y Lakshmikant Reddy for Appellants. Advocate Suresh S Gundi for R2. Citation No: 2025 LiveLaw (Kar) 396 Case Title: PANDURANG S/O. TUKARAM SHIVANE AND DURDUNDI MALAGOUDA PATIL & Others Case No: MISCELLANEOUS FIRST APPEAL NO. 103215 OF 2014 (MV) C/W MISCELLANEOUS FIRST APPEAL NO. 103214 OF 2014Click Here To Read/Download The Order

Hospital's Failure To Inform Police About Road Accident Cannot Defeat Victim's Compensation Claim: Karnataka High Court

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Hospital's Failure To Inform Police About Road Accident Cannot Defeat Victim's Compensation Claim: Karnataka High Court

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