- (1.) THIS is an appeal against the order dated 6.8.2004 passed by the District Forum, Nainital whereby the complaint of the complainant was allowed for payment of the insured amount after deducting the price of salvage along with interest @ 9% and cost of litigation.
(2.) WE have gone through the records. It is a very tragic case where as many as 45 persons have died and 15 were injured. The vehicle was admittedly insured and during the insurance period while it was carrying a marriage party, it is said that there was some mechanical defect in the vehicle and it became out of control of the driver and it fell into Khud. According to the complainant, only 40 persons were sitting in the vehicle whereas as many as 45 persons died and 15 were injured. It is said that certain persons of the locality standing on the road were injured. They were pedestrians, they were not passengers. It is said that the Barat was going from Ramnagar, where the accident took place near Basoli Bend. It is said that the Barat has nothing to do with those persons of Hareda, Baseri Patwari, Neval Gaon Tallasalt, Malli Dhanauli, etc. and, therefore, they were on the road and they died. Similarly out of pedestrians, some persons also were injured. Findings have been given by the Motor Accident Claim Tribunal etc, also statement of the witnesses has been recorded but in the circumstances as such, although vehicle was insured for Rs. 4,25,000/ - but in our view the complainant should get the claim on non -standard basis because definitely if the permit was for 42 persons and if there were more than 42 persons in the bus, in view of the judgment of B.V. Nagaraju v. M/s. Oriental Insurance Co. Ltd., 1997 1 ACC 123 decided by the Hon ble Supreme Court , the complainant should get claim on non -standard basis. Even otherwise the bus was of 1993 model, the accident took place in 2000. The insurance has been done of Rs. 4,25,000/ - but definitely it should not be the market value of the bus on that particular day. On good faith the Insurance Company has to insure the vehicle on the price disclosed by the vehicle owner. If looking the model and other attending circumstances and the ruling referred above, the claim is allowed on non -standard basis, the complainant should get a sum of Rs. 3,18,750/ -.
(3.) THE Surveyor has reported that the claim should be allowed for a sum of Rs. 2,75,000/ - on the market value of the bus and after deducting the salvage of Rs. 60,000/ -, the complainant should get a sum of Rs. 2,15,000/ - but in our view the complainant is entitled to a sum of Rs. 3,18,750/ - minus price of the salvage. Regarding the salvage, the Surveyor has reported that as the said vehicle after accident is in pieces and is kept in a room, hence it cannot fetch much value. Thus salvage value of the vehicle is around Rs. 60,000/ -. It is fantastic. No transporter will purchase the salvage. It shall go to a Kabari, if it is kept in a room. In our view, therefore, the price of the salvage should be reduced as Rs. 18,750/ -. In the circumstances as such, in our view the complainant should get a compensation of Rs. 3,00,000/ -. The order under appeal is to be modified accordingly. ORDER The appeal is hereby partly allowed and partly dismissed. The amount of compensation is hereby reduced to Rs. 3,00,000/ -. The order of payment of interest on the said amount shall remain the same, i.e., the complainant shall get interest @ 9% from 28.8.2001 till the actual date of payment along with cost of Rs. 1,500/ - as ordered by the learned Forum. Cost of this appeal shall be easy.;