- (1.) THIS is an appeal by United India Insurance Co. Ltd. against the order dated 13.11.2003 passed by the District Forum, Champawat whereby the complaint of the complainant was allowed for compensation of Rs. 91,000/ - along with interest @ 9% and cost of litigation of Rs. 1,000/ -. It was further ordered that the payment be made within a month, otherwise the complainant shall get interest @ 10%.
(2.) THE brief facts of the case are that Smt. Geeta Pandey was the owner of a jeep. It was insured. On 7.12.2001 while it was carrying a marriage party, it met with an accident. In the said accident some people died and some were injured. The complainant lodged the FIR with the Police Station Lohaghat and made the claim. The driver of the vehicle had got a valid driving licence. The vehicle was insured for Rs. 2,50,000/ -. It is alleged in the complaint that there were 10 passengers and 1 driver, total 11 persons in the jeep at the time of the accident.
(3.) THE claim was repudiated and the complaint was contested by the Insurance Company on the ground that there were 20 passengers at the time of accident in the vehicle, which is beyond the prescribed limit. There was no compromise with the complainant as alleged by the complainant that the Insurance Company will pay a sum of Rs. 1,51,000/ -, out of which Rs. 60,000/ - shall be deducted as price of the salvage and thus the complainant shall be paid Rs. 91,000/ -. It is alleged that this was a false allegation. It was further alleged that the accident took place due to overloading. After taking the evidence of the parties and hearing them, the learned Forum found that the vehicle was insured for Rs. 2,50,000/ - but in view of the compromise that the complainant shall be paid Rs. 1,51,000/ -. Rs. 60,000/ - was paid as price of the salvage and Rs. 91,000/ - was still due to be paid. The learned Forum, therefore, ordered for the payment of this amount. Regarding overloading there was a finding that as many as 7 claim petitions were filed before the Motor Accidents Claim Tribunal but in so case it was pleaded that the vehicle was overloaded.;