ORIENTAL INSURANCE CO LTD Vs. BANSI LAL
JAMMU AND KASHMIR STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ORIENTAL INSURANCE CO LTD
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(1.) THIS appeal has been filed against the order dated 11.7.2005 passed by the learned Divisional Forum, Jammu (hereinafter referred to as the Forum) whereby on the complaint of the respondent made therein, relief was granted to him by ordering the appellant herein to pay Rs. 1,26,765 along with interest @ 8% per annum from 2 months after the report of surveyor (i.e., 10.4.2000) till its realisation. The respondent was also ordered to pay Rs. 2,000 as costs of litigation. The entire amount was made payable within a period of six weeks from the date of order.
(2.) THE factual matrix of the case is that the appellant had repudiated the insurance claim of the insured respondent herein on the plea that he had violated the conditions of the insurance policy agreement by overloading the passenger bus bearing No. JK02G/6807 on 31.12.1999 while on its way from Udhampur to Ghordi. That 66 passengers were at that time seated in the bus against the permitted 44 passengers and the act of overloading was the resultant cause of the accident.
(3.) THE order has been challenged on the following grounds :
1. That there was violation of the terms and conditions of the Insurance Policy as at the time of the accident the bus was carrying 66 passengers against the permitted seating capacity of 44 passengers. The over -loading was the proximate resultant cause of accident.
2. That there was violation of Rule 83(2)(b) of Rules made under Motor Vehicles Act which mandates that the number of persons to be carried in the vehicle should not exceed the number of passengers specified in the route permit.
Heard the arguments of the learned Counsel for the parties.;
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