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Documents citing New India Assurance Co. Ltd. vs Velu on 22 February, 2019

New India Assurance Co. Ltd vs Saleem Khan Mewati & Ors on 3 March, 2026

29. On the issue of delay in lodging the FIR, Mr. Paul relied on the decision of the Supreme Court dated 12.12.2024 in New India Assurance Co. Ltd. v. Velu & Anr.10, to contend that a belated FIR can materially affect the credibility of a motor accident claim. In that case, the FIR was lodged 34 days after the alleged accident, and the contemporaneous medical records consistently recorded the cause of the injuries as a skid and fall, rather than a motor accident. The criminal investigation ultimately culminated in a closure report, with the police concluding that no motor accident had occurred. On these facts, the Supreme Court upheld the rejection of the claim by the Tribunal, as the available evidence on record negated the occurrence of a motor accident.
Delhi High Court Cites 16 - Cited by 0 - P Jalan - Full Document

Bajaj Allianz General Ins Co Ltd vs Sanjay Tulsidas Bhatter on 18 February, 2026

19. So far as evidence of witness Dharmeshbhai is concerned, it appears that the complaint was lodged based on the information given by him, but Dharmeshbhai expired on 18 th June, 2015, and his death certificate has been produced at Exhibit 78. Thus, approximately one and a half years after the Page 9 of 11 Uploaded by ALI ISTAYAK(HC01093) on Thu Feb 19 2026 Downloaded on : Sat Mar 14 02:57:49 IST 2026 NEUTRAL CITATION C/FA/1040/2022 JUDGMENT DATED: 18/02/2026 undefined alleged accident, he passed away. The involvement of the vehicle was disputed before the learned Tribunal for the first time by opponent No. 3 (the present appellant) by filing a written statement at Exhibit 51 in the year 2018. The evidence of the claimant had already been tendered before the learned Tribunal on 9th December, 2016, and the said witness was cross- examined on 27th October, 2017. Therefore, the evidence of the claimant was recorded prior to the filing of the written statement. Admittedly prior to relevant dates of both stages, Dharmeshbhai was no more. Hence, the question of to examine Dharmeshbhai does not arise. Mere delay in filing the FIR is not, by itself, a ground to dismiss the claim petition in view of the decision in New India Assurance Co. Ltd. v. Velu & Anr., after a holistic consideration of the facts and appreciation of the evidence produced on record. There is no reason to believe that the vehicle was not involved in the accident. Therefore, the argument canvassed by learned advocate Mr. Nanavati is not accepted. Hence, the appellant has failed to prove that vehicle No. GJ-05-CK-6509 was not involved in the alleged accident.
Gujarat High Court Cites 11 - Cited by 0 - Full Document

Rakeshbhai Kiritbhai Patel vs Sanjaybhai Javaharbhai Patel on 5 February, 2025

5. It is trite to note that in the present case, not only the FIR was filed, but charge sheet was also filed, which prima facie indicates involvement of the vehicle. But, unfortunately, the learned Tribunal lost sight to these very facts. The learned Tribunal was required to take into consideration decision of the Page 2 of 3 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Feb 05 2025 Downloaded on : Wed Feb 05 22:31:42 IST 2025 NEUTRAL CITATION C/FA/3073/2012 ORDER DATED: 05/02/2025 undefined Hon'ble Apex Court in case of New India Assurance Company Ltd. Vs. Velu and another rendered in Special Leave to Appeal (c) No.32138 of 2018 as well as in case of ICICI Lombard General Insurance Co. Ltd. Vs. Rajani Sahoo & Ors. rendered in SLP No.29302 of 2019. Without entering into merits of this case, I find reason to remand the matter back to the learned Tribunal for taking decision afresh.
Gujarat High Court Cites 3 - Cited by 0 - Full Document

Dr. Alok vs Sanjay And 5 Ors. on 23 July, 2025

16. The reliance placed by the learned counsel for the appellant in the case o f New India Assurance Co. Ltd. (Supra) is misplaced. Although the Hon'ble Supreme Court held that a claim cannot be rejected merely due to a delayed FIR, it also noted that in that case, the evidence pointed to a skid and fall rather than a motor accident. Therefore, the appeal of the Insurance Company was allowed.
Madhya Pradesh High Court Cites 5 - Cited by 0 - Full Document

Dr. Neeraj vs Sanjay And 4 Ors. on 23 July, 2025

16. The reliance placed by the learned counsel for the appellant in the case o f New India Assurance Co. Ltd. (Supra) is misplaced. Although the Hon'ble Supreme Court held that a claim cannot be rejected merely due to a delayed FIR, it also noted that in that case, the evidence pointed to a skid and fall rather than a motor accident. Therefore, the appeal of the Insurance Company was allowed.
Madhya Pradesh High Court Cites 5 - Cited by 0 - Full Document
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