‘FIR not needed for claim in accident that is not an offence’

Consumer Dispute Redressal Forum orders compensation for car owner

June 22, 2017 08:27 pm | Updated July 08, 2017 04:36 pm IST

SRIVILLIPUTHUR

Virudhunagar District Consumer Dispute Redressal Forum has ruled that registration of a First Information Report is not required for claim of compensation for vehicle damage from insurance companies if the accident is not an offence under the Indian Penal Code or any other legislation.

Giving the ruling, Forum president V. Balasundarakumar and members Sankar and Karpaga Selvi directed the Manager of The New India Assurance company to pay a compensation of ₹37,173, along with a compensation of ₹5,000 for the mental agony and ₹3,000 towards legal expenses to a complainant.

The order was issued on June 21 in favour of a car owner, B. Muruganandam of Thalavaipuram.

The complainant claimed that when his driver tried to give way for a vehicle coming in the opposite direction, a big boulder and a branch of a tree hit the car in 2013. The bumper was damaged and the windscreen smashed.

The car dealer in Madurai told him that no police complaint and FIR were required because of the nature of the accident. As per the dealer’s advice, he left the car with another dealer in Puducherry and got it repaired.

The insurance company claimed that the nature of damage did not match with the narration of the accident.

When the case came up for final hearing, the Forum ruled that the surveyor did not dispute that the car suffered damage when the vehicle insurance policy was in force. Besides, without any collision of the car with some other vehicle, the accident need not be reported to police as it did not attract any penal action.

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