C.K.Thakker, J. - (1.) LEAVE granted.
(2.) IN all these appeals, a common question of law has been raised by the parties. It is, therefore, appropriate if we deal with and decide all the appeals by a common judgment. IN all the three appeals, the claim of the claimant has been upheld finally by the National Consumer Disputes Redressal Commission, New Delhi ('National Commission' for short) which has been challenged by the INsurance Company in this Court. To appreciate the controversy, it would be appropriate if we narrate the facts in the first case i.e. New India Assurance Co. Ltd. v. Prabhu Lal. A complaint was filed by the complainant Prabhu Lal under Section 12 of the Consumer Protection Act, 1986 before the District Consumer Disputes Redressal Forum, Kota (Rajasthan) ('District Forum' for short) claiming compensation from the respondent Insurance Company as also from Tata Finance Limited, Jaipur. The case of the complainant was that he purchased a vehicle Tata 709 with Registration No.RJ-20G-2828 from Tata Finance Limited, Jaipur. The insurance was taken from New India Assurance Company effective from October 17, 1997 to October 16, 1998. Premium amount of Rs.8235/- was duly paid.
(3.) IT was the case of the complainant that on April 17, 1998, the vehicle of the complainant was being driven by Mohd. Julfikar to Indore for getting Chilly. At about 4.30 a.m. in the early morning, the driver of Roadways Bus No.MP 13-C-3935 drove the bus with very high speed in rash and negligent manner which resulted in an accident at Yashwant Nagar. Due to said accident, Ram Narain, brother of the complainant who was sitting with Mohd. Julfikar, sustained injuries. Mohd. Julfikar immediately ran away leaving the vehicle but as Ram Narain received serious injuries, he could not come out of the vehicle. The complainant lodged First Information Report (FIR) No.131 of 1998 with the Manpur Police Station, Yashwant Nagar, District Indore under Sections 279 and 337 of the Indian Penal Code (IPC) against driver Kalu of M.P. Roadways Bus. Vehicle of the complainant was then inspected by Tatas, estimate was prepared and claim was submitted in the prescribed form by the complainant to the Insurance Company on June 12, 1998. The amount of the claim was, however, not paid to the complainant. The complainant, therefore, moved the District Forum praying for an award of Rs.4,70,000/- towards the claim of vehicle, Rs.15,000/- towards mental agony, Rs.5,000/- towards driving charges of the vehicle from Indore to Kota and Rs.25,000/- for survey fee.;