Mr. B.K. Taimni, Member—Appellant was the opposite party before the State Commission, where the respondent /complainant had filed a complaint alleging deficiency in service on the part of the appellant.

2. Very briefly the facts of the case are that the complainant was the owner of Maxi-cab which met with an accident and preferred a claim which was repudiated by the Insurers, on the ground that the vehicle was carrying excess passengers as also the driver did not have effective driving licence. It is in these circumstances, that a complaint was filed before the State Commission, who after hearing the parties, directed the appellant to pay Rs. 5,45,000 along with interest @ 12% p.a. and a compensation of Rs. 15,000 and Rs. 3,000 as costs. Aggrieved by this order this appeal has been filed before us.

3. We heard the learned Counsel for both the parties. There is no disputing the fact that the said baxi-cab was authorised to carry 12+1 passenger whereas at the time of meeting the accident, it was carrying 26 passengers, the driver was holding a driving licence to drive the LMV. We heard the learned Counsel for the parties on these points. Admitted position is that the said vehicle