Rajasthan

StateCommission

A/798/2016

Cholamandalam MS. Gen. Ins. Co. Ltd. - Complainant(s)

Versus

Sh. Jhabar Mal s/o Panna Ram - Opp.Party(s)

Jaya P. Phatak

08 Aug 2017

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 798 /2016

 

Cholamandalam MS General Insurance Co. Ltd. its regd.office at Dare House 2^nd Floor, 234 NSC Bose Road, Chennai. & ors.

Vs.

Sh.Jhabar Mal s/o Panna Ram r/o Garh Bhopji Tehsil Shrimadhopur Distt. Sikar.

Manager Gehlot Motors, Jaipur Road, Sikar.

 

Date of Order 8.8.2017

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Sandeep Pathak counsel for the appellant

Mr. Jagraj Kuri counsel for respondent no.1

Mr.Adarsh Verma counsel for respondent no.2

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the order passed by

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the District Forum, Sikar dated 25.4.2016 whereby the claim has been allowed against the appellant.

 

The contention of the appellant is that the vehicle was over loaded. 12 passengers were travelling and the driver of the vehicle was under the influence of liquor hence, claim is not payable.

 

Per contra the contention of the respondent is that accident has not occurred on account of over loading of passengers and claim has rightly been allowed.

 

Heard the counsel for the parties and perused the impugned judgment as well as original record of the case.

 

There is no dispute about the fact that on 5.11.2012 the insured vehicle over turned and get damaged. The registration of the vehicle shows capacity for 7 persons where at the time of accident 12 persons were travelling in the vehicle which is evident from the First Information Report Ex. 5 lodged on behalf of the consumer and it has also been stated in the First Information Report that the driver of the vehicle was under the

 

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influence of liquor. In view of the above findings of the Forum below cannot be sustained.

 

The contention of the respondent is that there is no evidence to the effect that on account of over loading the vehicle over turned and reliance has been placed on AIR 2016 Supreme Court 315 Lakshmi Chand Vs. Reliance General Insurance where on the facts of the case the offending vehicle was rash and negligent and the vehicle has not met with accident due to over loading but here in the present case the bare reading of the First Information Report clearly shows that the vehicle was over loaded and even driver was intoxicated and reliance has been placed on the judgment passed by the National Commission in Revision Petition No. 3525/2013 Dubey Travels Vs. Oriental Insurance Company and Revision Petition No. 2479/2014 New India Assurance Co. Ltd. Vs. Anokhi Devi where the National Commission has held that where the vehicle was carrying almost double the passengers such a huge over loading obviously adversely affects the steering control and increases the chance of driver losing the control of the vehicle which may result in accident which is the case here and further more the driver was also in drunken state hence, the appellant cannot be saddled with the liability.

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In view of the above, the appeal is allowed and the order of the Forum below dated 25.4.2016 is set aside.

 

(Nisha Gupta) President

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