NCDRC

NCDRC

RP/806/2010

ABHAY PRATAP - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

MR. ANIL KUMAR

03 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 806 OF 2010
(Against the Order dated 04/11/2009 in Appeal No. 1056/2000 of the State Commission Bihar)
1. ABHAY PRATAPGulzarbagh, P.S. and P.O.- GulzarbaghPatna - 800007Bihar ...........Petitioner(s)
Versus
1. ORIENTAL INSURANCE CO. LTD. & ANR.Through its Divisional Manager, Divisional No. III KankarbaghPatnaBihar2. THE BRANCH MANAGER, ORIENTAL INSURANCE CO.Branch Office No. 7, NazriganjPatna CityBihar ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :Mr.Mohit Kr. Shah and Mr.Ravi for MR. ANIL KUMAR, Advocate
For the Respondent :NEMO

Dated : 03 May 2010
ORDER

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          Delay of 3 days in filing the Revision Petition is condoned.

Claim filed by the petitioner was repudiated on the ground that the bus, which met with an accident, was carrying more number of passengers than the permissible capacity. 47 persons had died in the accident.  20-25 passengers were sitting on the roof. 

          Finding recorded by the State Commission is that passengers double than the permissible sitting capacity and the fast driving contributed to the accident and, therefore, there was no deficiency on the part of the insurance company in repudiating the claim.

          We agree with the view taken by the State Commission.  Counsel for the petitioner has not been able to refute that the bus, which met with the accident, was carrying passengers more than the permissible capacity in violation of the terms and conditions of the policy.

          We do not find any merit in this Revision Petition.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER