SARASWATHI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) These two appeals were earlier decided on 16.10.1995 allowing A. P. No.703/95 and dismissing A. P. No.454/1995. A. P. No.703/1995 was filed by the opposite parties against the order of the District Forum granting an award while A. P. No.454/ 1995 was filed by the complainant for enhancement of compensation awarded. Against the said orders in the appeals, revision petitions were filed in the National Commission. The National Commission by its common order dated 17.12.1996 allowed both the revision petitions and remanded the matters to this Commission for fresh disposal in the light of the observations made in the Revision Order. This is how these two appeals have come up for hearing again by this Commission.

(2.) The facts are: a bus of the complainant which had been insured with the opposite par- ties met with an accident during the currency of the insurance policy. Since the opposite parties repudiated the claim made by the complainant for payment of compensation, the complainant filed OP No.152/93 before the District Forum alleging deficiency in service on the part of the opposite parties in not paying the compensation and claiming a sum of Rs.4,00,000/- as compensation as the market value of the bus or in the alternative, a sum of Rs.3,36,155/- as cost of repair charges with interest @ 18% p. a. from 24.9.1992. A further sum of Rs.10.000/- has been claimed for mental agony and sufferings due to the refusal on the part of the Insurance Company in not paying the compensation amount.

(3.) The opposite parties contested the OP contending that while the bus had a permit for 59 passengers only, at the time of the accident, 71 passengers were allowed to travel in the bus, and this disentitled the complainant to any claim as per the conditions in the policy.