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Delay in FIR Not Fatal in Motor Accident Claims, Insurer Cannot Seek ‘Pay and Recovery’ Without Proving Policy Breach: Calcutta High Court

20 Feb 2026 3 min read
Delay in FIR Not Fatal in Motor Accident Claims, Insurer Cannot Seek ‘Pay and Recovery’ Without Proving Policy Breach: Calcutta High Court

The Calcutta High Court has ruled that mere delay in lodging an FIR cannot defeat a genuine motor accident compensation claim, especially when the victim’s family is engaged in treatment and last rites. Justice Biswaroop Chowdhury further held that an insurer cannot escape liability or seek pay and recovery unless it strictly proves breach of policy conditions after proper enquiry. The Court enhanced compensation from ₹22.59 lakh to ₹34 lakh…

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