National Insurance Co. Ltd. And Ors. vs Govindamma And Ors. on 16 June, 2005
4. The learned Counsel for claimant-appellants in M.F.A. Nos. 748 and 749 of 2003 contends that the Commissioner has passed a just and fair award and since there was no contest by any of the respondents, the Commissioner was justified in allowing the claim. The FIR indicating that there were passengers being carried on the vehicle was not a document which was relevant for the purpose of considering the claim for compensation. It might at best have been produced though it has been produced by the claimants to prove the fact of accident and would not necessarily indicate the connection in so far as the deceased were concerned with the vehicle or their relationship with the employer and relies upon the judgment in National Insurance Co. Ltd v. Moses Dindannavar And Ors., . This contention is taken note of to be rejected since the judgment relies upon by the learned Counsel for the appellants is on a different factual situation and the law declared in that particular case that the claimant was not bound by the contents of the FIR, would not squarely apply to the present case when the FIR has been produced by the claimants themselves and if the FIR is to be ignored or negated, it is inexplicable that it would necessarily follow that the accident itself would not be proved. The FIR cannot, for one purpose be accepted and negated for another, unless the claimants had established that the contents of the FIR were partly true.