Claims for third-party property damage due to motor vehicle incidents must be adjudicated by Motor Accident Claims Tribunals, not consumer forums.

ORDER :

1. This Revision Petition has been filed against the impugned Order dated 17.10.2014 passed by the Ld. State Consumer Disputes Redressal Commission, Gujarat in Appeal No. 3256/2012, vide which the Appeal filed by the Respondent No. 1 & 2 was allowed and the Order of the Ld. District Forum was upheld with modified directions.

2. The factual background, in brief, is that the Complainants had booked two tickets for themselves and their luggage on a private bus service operated by the Respondent No. 1 and 2. While en route from Ahmedabad to Bhuj on 31.05.2011, the bus caught fire near Ramdevpir early in the morning of 01.06.2011. In the chaos that ensued, all passengers, including the Complainants, were forced to evacuate the bus without their luggage. Consequently, the Complainants' luggage, containing valuable items worth Rs. 50,000/- was completely destroyed in the fire. Subsequently, the Complainants issued a Legal Notice to the Bus Agency seeking compensation for their loss, but received a frivolous reply. They were also advised to file a claim with the relevant insurance company. Dissatisfied with this response and the deficiency of service, the Complainants filed their Complaint before the Ld. District Forum, Kutch-Bhuj.

3. The District Forum vide its Order dated 14.08.2012 allowed the Complaint and directed the Respondent No. 1 and 2 to pay to the Complainant Rs. 50,000/- towards the loss of luggage with interest @ 9% p.a. from 01.06.2011 along with Rs. 3,000/- towards litigation costs. The Respondent No. 1 and 2 then filed their Appeal before the Ld. State Commission, which vide the impugned Order dated 17.10.2014 allowed the same and modified the Order of the District Forum to the extent that the Petitioner/Insurance Company was directed to pay the amount instead of the Respondent No. 1 and 2. The relevant extracts of the impugned Order are set out as below:

“(10) With regard to the representations made by the parties and taking the judgment of the Learned Forum and produced documents for reading it seems that, the learned Forum has resolved that the complainant is entitled to obtain an amount of Rs. 50,000/- (Rupees Fifty Thousand Only) is proper and legal and we agree with the same. The complainant/Defendant NO. 1 had purchased the ticket of the bus by paying money thereof. Under the above mentioned circumstances, such he becomes the customer of the plaintiff Bus Company, further, the plaintiff has availed the insurance of the aforesaid bus from the defendant NO. 2 Insurance Company and according to Section II-1(ii) under the head of Limit of Liability of the said insurance policy No. VPU-0060246000/00 Rs. 7,50,000/- is mentioned in the column of Damage to Third Party property in respect of any one claim or series of claims arising out of one event is being read which means that under the aforesaid policy the Third Party risk has been covered. According to our opinion, the complainant/defendant NO. 1 has availed the service by paying for the same and hence, they are bounded to pay for the loss and damage due to deficiency in service, but the Insurance Company has taken such responsibility by accepting the premium for paying the compensation and hence, as mentioned herein above in the policy at II-1(ii) Damage to Third Party Property is shown, hence, as per our opinion the Insurance Company has by obtaining the premium has accepted the said responsibility hence, the responsibility compensation to the pay the complainant/defendant No. 1 is of the Insurance Company and not of the plaintiff.

The Learned Forum has stated at Para No. 11 of its judgment as well the judgment of the Honourable Supreme Court of India and National the Commission Judgment of wherein the Insurance Company is relying upon as per our opinion those judgments are applicable in present case because, in the aforesaid case on not hand due to the accident either the Third Party has to expired or has sustain deformity these case are with regard to the ph