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FIR can be used only for purposes of corroboration or contradiction of the maker only

The High Court of Tripura in Kalpana Majumder and Ors. v. Sankar Debnath and Ors. said that In Rampati Chakma v. Sunil Kumar Ram and others and in Mahila Dhanwanti and others v. Kulwan and others, it was held therein F.I.R. is a public document, but it is rule of law that, it is not a substantive piece of evidence. It can be used only for purposes of corroboration or contradiction of the maker only. Evidence recorded in criminal Court and findings arrived at thereon should not be used in claim cases. Such evidence, for purposes of claim cases is inadmissible.

In R.P. Gautam v. R.N.M. Singh and another, Madhya Pradesh High Court lucidly summed up proposition of law that, it is settled proposition of law that every civil case is decided on its own facts and evidence without influencing the papers and decision of the criminal case. In such premises registration of offence and police investigation is not a condition precedent for awarding the claim. Besides this due to one reason or another if the first information report of vehicular accident is not lodged with the police or the same was given at later stage and police neither registered the offence nor investigated the same, it does not mean that right of the victim for compensation who suffered the vehicular accident is washed away. The victim remains entitled for compensation on proving the facts and circumstances regarding such accident and factum of injuries sustained by him, he could not be deprived from such right, provided by the Motor Vehicles Act, although such compensation may be awarded only on proving all relevant facts with all probabilities.

Proposition of law laid down in paragraphs extracted in foregoing is squarely applicable to facts of present case. In absence of examining author of aforesaid police papers to prove contents thereof and of keeping in mind glaring fact that, case now being set up by insurer is never their pleaded case, Court concluded that, deceased was not travelling in vehicle in question, but was rather knocked down by it, which resulted in his death. Findings of Tribunal to contrary cannot be sustained in law and are, set aside. However, this Court is not equipped with all necessary evidence to go into quantum of compensation payable to claimants-appellants. Moreover, Appeal is of 2016, it will be more expedient to remand case to Tribunal for determination of compensation by giving parties liberty to adduce evidence/further evidence to substantiate their respective cases. Case is remanded to Tribunal, to proceed with trial of claim petition for sole purpose of determining just compensation payable to Appellants in accordance with law.

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