The apex consumer commission has refused to award compensation to the wife of a tempo driver, who was killed in a accident, as he was carrying 27 persons against the vehicle's capacity of nine
National Consumer Disputes Redressal Commission (NCDRC), presided by Justice K S Chaudhary, passed the order while dismissing the revision petition filed by Himachal Pradesh resident Amrita Devi against the order passed by the state commission.
"...There was three times over-loading in the vehicle which resulted in the accident and in such circumstances, compensation on non-standard basis cannot be allowed," the NCDRC said.
In its order, NCDRC, noted that in the FIR lodged by one of the passengers in the vehicle, it was clearly mentioned that 25-30 persons were travelling in the vehicle at the time of accident.
"...Complainant (Amrita) herself submitted claim form in which she admitted that 27 persons were in the vehicle at the time of accident.
"District Forum and Learned State Commission has not committed any error in dismissing complaint and appeal, on the basis of admission of complainant herself that 27 persons were travelling in the vehicle at the time of accident," it said, while dismissing the revision petition filed by Devi.
Amrita had earlier told the forum that her husband, Santosh Kumar, had bought a tempo which was insured with Bajaj Allianz General Insurance Co.
In October, 2008, it met with an accident and Santosh, who was driver of the tempo, and 9 other persons died, she said.
When Amrita submitted an insurance claim, it was repudiated by the firm. Aggrieved by this, she approached the forum, alleging deficiency on the part of company.
The company, however, had submitted before the forum that there was breach of terms of policy as 27 persons were sitting in the vehicle against capacity of 9 persons, while praying for dismissal of complaint.
The forum, however, had dismissed her complaint. She further submitted an appeal against this order before the state commission, which too dismissed it.
