BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, WAYANAD, KALPETTA.<br /> <br /> C.C. NO.26/2006<br /> <br /> Dated this the 6th day of November 2007<br /> <br /> <br /> PRESENT:- Sri. K. Gheevarghese, M.A, L.L.B. - President.<br /> Smt. Saji Mathew, B.A, L.L.B. - Member.<br /> <br /> Mr. P.V.Achuthan, Palamoola House, :<br /> P.O. Pulpally, Wayanad Dist. : Complainant.<br /> <br /> <br /> The Manager, :<br /> National Insurance Company Ltd., : Opposite Party<br /> Guindy, Chennai. :<br /> <br /> <br /> Complainant by :- Sri. George.P.J, Advocate, Mananthavady.<br /> Opposite Party by:- Sri. P.C. Prasad, Advocate, Kalpetta.<br /> <br /> <br /> ORDER<br /> <br /> <br /> By Sri. K. Gheevarghese, President:<br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> The complaint in brief is as follows:<br /> <br /> The Complainant is the RC owner of a Transport Bus numbered KL 12B/3121. The permit issued is to transport the passengers from Irulam, Pulpally to Mananthavady. The Opposite Party is the insurer of the vehicle. The policy number of the insurance is 51600/31/03/630593, 50/602/31/04/6305537. While in operation of the transport service from Pulpally to Mananthavady on 02.01. 2004 the bus met with an accident near Panamaram and 11 person were killed and 18 person were seriously injured. The accident resulted in damage to the vehicle and it was also inform to the Opposite Party. The Opposite Party's Surveyor inspected the sites and assessed the<br /> (Contd.......2)<br /> - 2 -<br /> lose and no amount was given to the Complainant towards the damage of the vehicle. The Complainant sent a registered lawyer notice to the Opposite Party in order to get compensation for the damages caused to the vehicle. The Opposite Party was not ready to redress the grievances of the Complainant even after the notice. The act of the Opposite Party is absolutely against the terms agreed in between them and it is a deficiency in service. The Opposite Party is to be directed to give the Complainant Rs.2,05,011/- towards the damages and towards economical loss and other hardship Rs.2,00.000/- is to be given to the Complainant along with Rs.500/- towards the costs.<br /> <br /> The Opposite party filed version on their appearance. It is admitted that the vehicle numbered KL 12B/3121 was insured with Opposite Party and the vehicle met with an accident on 2.01.2004. The Bus was operated violating the terms and conditions. Though the seating <br /> capacity is 32. At the time of accident the bus was carrying 51 passengers. The claim form forwarded to the Opposite Party showed that 50 passengers were involved in the accident. According to the Opposite Party the owner and the driver violated the terms and conditions of the permit and the Opposite Party is not liable to compensate the Complainant for the damages. The driver lost control of the Bus due to over load. Apart from that the vehicle KL 12B/3121 was in operation without registration and permit. The Police registered case under 109 r/w 34 IPC against Owner, Driver and Contractor. The Opposite Party further contented that the driver Bineesh had no valid driving license to drive transport vehicles at the time of accident. The liability of the Opposite Party was repudiated and the Opposite Party has not done any deficiency in service. The complaint is to be dismissed with costs to the Opposite Party.<br /> <br /> The points which are to be considered are:<br /> 1.Whether the complaint is maintainable?<br /> 2.Relief and costs. <br /> (Contd........ 3<br /> - 3 -<br /> The Opposite Party raised the contention of the maintainability as the preliminary issue the matter was heard from both sides. The Opposite Party filed documents 1 to 6 which includes (1) The motor claim form given by the Complainant to the Opposite Party. (2) Attested copy of the wound certificate of the 50 passengers who met with an accident. (3) Attested Postmortem Certificate of 11 Passengers. (4) Attested copy of the memorandum of evidence in crime 1/04 Vellamunda Police. (5) Certified copy of the insurance policy. (6) Copy of Charge Sheet. The document filed in connection with preliminary issue of maintainability reveals that the Bus was over loaded with more than 50 passengers which is absolutely breach of terms of policy and provisions of law. The direction to the insurer to pay non standard claim is not justifiable. The act <br /> of Complainant is a gross violation of the terms and provisions of law. The Opposite party has no liability to meet the damages sustained by the Complainant. Since the operation of the Bus was in breach of policy terms and provisions of law. The complaint is dismissed no order upon costs.<br /> <br /> Pronounced in open Forum on this the 6th day of November 2007.<br /> <br /> <br /> PRESIDENT: Sd/-<br /> <br /> <br /> MEMBER: Sd/-<br /> <br /> /True Copy/<br /> <br /> <br /> <br /> <br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> <br /> <br /> M/<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />