VIMLA AND ORS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) PRESENT revision petitions arise out of order dated 18.10.2012 passed by State Consumer Disputes Redressal Commission, Circuit Bench Udaipur (Rajasthan) (for short, 'State Commission; vide which it disposed of two appeals, namely, Laxmi Lal @ Laxman Khokhar and others Vs. The Oriental Insurance Company Ltd., (Appeal No.87 of 2013) and Aadil Khan Vs. The Oriental Insurance Company Ltd. (Appeal No.88 of 2013).

(2.) SMT . Vimla and Laxmi Lal filed Consumer Complaint No.205 of 2010 under Section 12 of the Consumer Protection Act, 1986 (for short, 'Act') against Respondent -Oriental Insurance Company Ltd. and Mohd. Aadil Khan/O.Ps. before the District Forum. Whereas, Aadil Khan filed a separate Consumer Complaint No.49 of 2010 also under Section 12 of the Act against Oriental Insurance Company/O.P. before the District Forum. The allegations made in the above complaints are that on 17.4.2008 at about 4.45 p.m., Indigo Car bearing Registration No. RJ -27 TC 0099 of which Aadil Khan, being owner and driver of this vehicle, was going from Udaipur to Balicha. While driving the vehicle it met with an accident, as a result of which one Manoj Kumar who was sitting in the car sustained fatal injury.

(3.) COMPLAINANTS (in Complaint No.205 of 2010) being beneficiaries under the cover note issued by the insurance company and legal heirs of deceased Manoj Kumar filed the complaint. On the other hand, petitioner Aadil Khan had filed Consumer Complaint No.49 of 2010 stating that he was driving the vehicle on 17.4.2008, when a vehicle came from the opposite direction in a rash and negligent manner with high speed and in order to avoid collusion, he took his vehicle on one side of the road and in that process, his vehicle hit against a wall, leading to the fatal injuries to Manoj Kumar. It is also stated that there was no fault of the petitioner or Manoj Kumar. Due to this accident, his vehicle got damaged and has claimed Rs.5,01,230/ - being the value of the vehicle, besides other reliefs.