DUBEY TRAVELS Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This revision petition is directed against the order of the Chhattisgarh State Consumer Disputes Redressal Commission, Raipur dated 27.12.2012 in Appeal No. FA/12/781, whereby the State Commission has reversed the order of the District Forum and dismissed the consumer complaint.

(2.) Briefly stated facts relevant for the disposal of the revision petition are that the petitioner/complainant filed a consumer complaint alleging that bus No. CG 04 E 0582 was insured with the respondent/opposite party for the period 09.05.2007 to 08.05.2008. The said bus during the currency of the insurance policy met with an accident resulting in the death of eight passengers. The accident was intimated to the insurance company on the same day. Shri Raj Kumar Sharma was deputed to conduct the survey. However, the insurance claim of the complainant for Rs. 13,87,350/ - was repudiated by the insurance company on the ground that at the time of accident, subject vehicle was being plied in violation of the permit granted by the Regional Transport Office. The specific stand of the opposite party was that the transport authority had granted permit to operate the aforesaid vehicle for carrying 35 passengers whereas at the time of accident the said bus was carrying 77 passengers in violation of the permit.

(3.) The District Forum vide its order dated 29.11.2012 on consideration of pleadings and evidence did not find any justification for repudiation of the claim and the complaint was accordingly allowed and the respondent/opposite party was directed thus: