SURESH CHANDRA, V.B.GUPTA
New India Assurance Co. Ltd. – Appellant
Versus
Mohanbai – Respondent
Suresh Chandra, Member—This revision petition has been filed by the OP Insurance Co. against the order dated 19.11.2009 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (‘State Commission’ for short) allowing the appeal of the complainant, respondent herein, against the order of the District Forum, Chittorgarh by which the District Forum had dismissed the complaint of the respondent. The respondent had filed a complaint against the OP Insurance Co. on 7.7.2008 stating therein that her bus bearing Registration No.RJ 09P 1481 which had been insured with the petitioner Insurance Co. for the period from 15.5.2006 to 14.5.2007 for a sum of Rs.2,97,500/- as IDV was involved in an accident in which the bus fell into a river. It was stated in the complaint that on 15.8.2006 when the bus in question was coming from Badi Sadri to Jogania Mata near village Bichhore, because of the heavy rain the water level in the nalah was very high and since the water was flowing over the bridge when the driver of the bus tried to reverse the bus, the same fell into the river thereby killing 5 persons and damaging the vehicle in question in the accident. FIR of the incident
2.B.V. Nagaraju v. Oriental Insurance Company Ltd. (1996) 4 SCC 647.(Para 3)
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