Whether Compensation Amount will be Reduced if Victim of Road Accident was named as an Accused in the FIR ?

Whether Compensation Amount will be Reduced if Victim of Road Accident was named as an Accused in the FIR ?

In case of NICL v. Chamundeswari [2021] GCtR 2352 (SC) which was related to compensation to victim under MV Act, 1988, the FIR was lodged against the victim and the insurance company filed appeal raising the ground. It was held that there is no merit in the appeal of insurance company and neither the compensation amount was reduced nor interest liability was reduced. It was held that merely because FIR is lodged against victim would not lead to contributory negligence of victim.

If any evidence before the Tribunal runs contrary to the contents in the FIR, the evidence which is recorded before the Tribunal has to be given weightage over the contents of the FIR.