New India Assurance Co. Ltd. vs Harish Chandra Sahu on 21 February, 2003

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National Consumer Disputes Redressal
New India Assurance Co. Ltd. vs Harish Chandra Sahu on 21 February, 2003
Equivalent citations: IV (2003) CPJ 21 NC
Bench: D Wadhwa, K G Member, R Rao, B Taimni

ORDER

D.P. Wadhwa, J. (President)

1. It is the Insurance Company which was the opposite party before the District Forum who is in revision before us. The vehicle of the complainant which met with an accident was insured with the petitioner. It was the defence of the Insurance Company that the vehicle, at the time of the accident, was having 9 passengers which was against the terms of the policy and beyond the sitting capacity. Out of 9, 6 passengers died. The District Forum dismissed the complaint. The State Commission allowed the appeal to the extent that the claim was ordered to be settled as non-standard basis. On the question of limitation the State Commission observed that a public limited Company should not raise such a plea. There is a delay of four-and-a-half months in filing the complaint though it was also noticed that the Motor Accident Claims Tribunal has awarded compensation to the legal representatives of the deceased, We do not find any reason to interfere with the order of the State Commission under Clause (b) of Section 21 of the C’.P. Act. The Revision Petition is dismissed.

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