IMPORTANT POINT
Consumer Fora has no jurisdiction to entertain complaint arising out of fatal accident while travelling in vehicle.

K.S. Chaudhari, Presiding Member —This revision petition has been filed by the petitioners against theORDER dated 16.04.2010 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ‘the State Commission’) in Appeal No. 2129 of 2008 – Smt. Manoj Meena Vs. Depot Manager, Rajasthan State Road Transport Corpn. & Ors. and Appeal No. 2145 of 2008 - Depot Manager, Rajasthan State Road Transport Corpn. & Ors. Vs. Smt. Manoj Meena by which, while dismissing appeal of petitioner, appeal of respondent was partly allowed andORDER of District forum allowing compensation was modified and compensation enhanced.

2. Brief facts of the case are that complainant/respondent’s mother Parmeshwari Devi was travelling in Bus No. RJ 10P 2811 of OP/petitioner on 20.11.2005 from Churu to Guddha after purchasing ticket. When the bus reached near Jhunjhunu, Driver of the bus was driving the bus in rash and negligent manner and collided with a private bus and complainant’s mother died on the spot. Complainant is the only heir of her mother. It was further alleged that OP/petitioner charged Rs.2/- towards insurance premium along with ticket from the mother of the complainant and as per agreement, complainant is entitled to receive Rs.1,00,000/- from OP. Inspite of notice, payment has not been made. It was further submitted that claim before Motor Accident Claim Tribunal (MACT), Sikar is pending andORDER granting interim relief has been complied with, but that amount is not to be adjusted. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that prior to this complaint claim petition has already been filed before MACT, Sikar and as perORDER of the Tribunal, Rs.25,000/- has already been paid to the complainant. Complainant is entitled to compensation only from MACT, Sikar and not from any other court. It was further submitted that as per Traveler Accident Compensation Scheme, 2000, any amount given as interim relief is to be adjusted from final amount granted by MACT and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.25,000/- in addition to Rs.25,000/- awarded by MACT. Both the parties filed appeals before State Commission and learned State Commission while dismissing appeal of petitioner, allowed appeal of respondent and directed petitioner to pay Rs.50,000/- against which, this revision petition has been filed.

3. Heard learned Counsel for the parties and perused record.

4. Learned Counsel for the petitioner submitted that petitioner has neither charged any amount for insurance nor Consumer Fora had jurisdiction to decide complaint; even then, learned District Forum committed illegality in allowing complaint and learned State Commission further committed error in dismissing appeal of petitioner and allowing appeal of respondent; hence, revision petition be allowed and impugnedORDER be set aside and complaint be dismissed. On the other hand, learned Counsel for the respondent submitted thatORDER passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

5. It is not disputed that complainant’s mother while travelling in bus of OP met with an accident and on account of injuries, complainant’s mother died and complainant has filed claim before MACT Sikar.

6. The core question to be decided in this case is whether District forum had any jurisdiction to entertain complaint and whether petitioner charged any amount for insurance of the passenger travelling in the bus.

7. Learned Counsel for the petitioner submitted that Consumer Fora had no jurisdiction to entertain the complaint as held by Hon’ble Apex Court in Chairman, Thiruvalluvar Transport Corpn. v. Consumer Protection Council.1 In the aforesaid case, the Hon’ble Apex Court after referring Section 175 M.V. Act held that Claim Tribunal constituted for the area under Motor Vehicl