Kohima: The Gauhati High Court Kohima Bench shut down an appeal from New India Assurance Co Ltd on October 12. Justice Nchumbemo Mozhui upheld a Motor Accident Claims Tribunal award from September 2, 2025. The case involves a pedestrian killed after a motorcycle struck him near the New Dhansiri Bridge in Dimapur on June 19, 2024. The victim died six days later at a private hospital.
His wife and two minor children filed for compensation under Section 166 of the Motor Vehicles Act, 1988. The insurer tried to block the payment. They argued that the family failed to prove negligence because no formal First Information Report, charge-sheet, or investigative file existed. The incident appeared only in a General Diary entry.
Justice Mozhui rejected the insurer's stance. The vehicle owner testified that his driver caused the crash. The insurer brought no evidence to counter this account. "Absence of FIR, charge-sheet no ground to reject accident claim," the court maintained. Relying on the Bimla Devi v. Himachal Road Transport Corporation ruling, the judge stated that claims rely on the preponderance of probabilities rather than proof beyond reasonable doubt.
The court warned against sending cases back to police stations over paperwork. Such delays hurt families. It undermines the social welfare goals of the Motor Vehicles Act. Because the company never disputed insurance coverage or policy violations, the court dismissed the appeal. Justice Mozhui ordered the Registry to return the trial records immediately.
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