Skip to main content

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.

Comments

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...