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Swati @ Subharti vs. Rakesh Kumar & Ors (Oriental Insurance Co. Ltd.)

Motor Accident Claims Appeal · 2026:DHC:7912Decided 16 Sept 2026New Delhi Bench
MAC.APP. 110/2019CNR: DLHC010074882019
Justice Anish Dayal

Background

The appellant, who was about 5 years old when she was allegedly struck by a vehicle in 1997 and suffered severe leg injuries requiring amputation of several toes, filed a compensation claim only in 2014: 17 years after the accident. The Motor Accident Claims Tribunal had dismissed her claim as a "dead claim" filed after an unreasonable delay, and she appealed that dismissal to the High Court.

Decision Breakdown

The High Court examined Supreme Court precedent holding that even where no fixed limitation period applies, a claim must be filed within a "reasonable time," and a 17-year delay could not qualify, drawing on a Supreme Court case that rejected a 28-year-delayed claim. The Court also found the appellant's own account inconsistent with her school records regarding her age, and noted that key witnesses (including the alleged eyewitness) could not corroborate the accident details, that no proof of the vehicle's insurance was produced, and that her parents were never brought forward as witnesses despite her having been a minor at the time. The Court held that even setting aside the limitation issue, the claim failed on merits for lack of credible evidence linking the accident to negligent driving. The appeal was dismissed, both because the claim was stale/unreasonably delayed and because it was not proved on the evidence.

Lesson Learnt

Compensation claims, even those without a statutory limitation period, must be filed within a reasonable time; excessive delay, especially combined with weak or contradictory evidence, can defeat an otherwise genuine-sounding claim, regardless of the severity of the original injury.

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