IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI NC/REVISION PETITION NO. 131 OF 2023 (Against the order dated 29.12.2021 in Appeal No. 333 of 2019 of the State Consumer Disputes Redressal Commission, Tamil Nadu)

WITH IA No. 792 of 2023 I.A. No. 793 of 2023 I.A. No. 794 of 2023 (Stay, Condonation of delay, Exemption from filing the certified copy)

1. The National Insurance Co. Ltd.

Coimbatore Regional Office, 684, Commercial Enterprises Holdings Ltd.

Trichy Road, Combatore

2. The National Insurance Co. Ltd.

Regional Office, No. 3 Middleton Street, Kolkata - 700071 Divisional Office, NO. 73, Perundurai Road, Erode-638001 Represented through its Delhi Office, Located at National Insurance Company Ltd.

National Legal Vertical, 2-E/9, Jhandewalan Extension, New Delhi - 110055 Petitioners Versus K. Lakshmi W/o R. Kandasami, Proprietor of K.K.C. Bus Service, 41, Devanampalayam, Arachalur Post, Erode Respondent BEFORE:

HON’BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON’BLE DR. SADHNA SHANKER, MEMBER For the Petitioners : Mr. Shantha Devi Raman, Advocate Through video conferencng For the Respondent : Mr. A. Mariarputham, Sr. Advocate with Mr. Ankit Sharma, Advocate (through video conferencng)

Pronounced on : 22nd May, 2025

ORDER

DR. SADHNA SHANKER, MEMBER

1.

This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 in challenge to the Order dated 29.12.2021 of the State Consumer Disputes Redressal Commission, Tamil Nadu (hereinafter referred to as the ‘State Commission’) in Appeal no. 333 of 2016 arising out of an order dated 20.11.2018 of the District Consumer Disputes Redressal Commission, (hereinafter referred to as the ‘District Commission’) in complaint no. 33 of 2017. 2. We have heard the learned counsel for the petitioners (hereinafter referred to as the ‘insurance company’) and the learned counsel for the respondent (hereinafter referred to as the ‘complainant’) and perused the record including the Order dated 20.11.2018 of the District Commission, the impugned order dated

29.12.2021 of the State Commission and the petition.

3. There is a delay of 75 days in filing the revision petition.

4. In the interest of justice and for the reasons stated in the application for condonation of delay, the delay is condoned.

5. The brief facts of the case are that on 25.08.2015 when the vehicle (bus) was proceeding from Erode to Coimbatore, all of a sudden, a mentally challenged person had suddenly crossed the road and in order to avoid hitting him, the driver swerved the vehicle to the left which resulted in hitting the divider of the road and the vehicle capsized and accident took place. In the said accident, several passengers got injured and vehicle was fully damaged. The complainant made a claim before the insurance company. The insurance company vide letter dated 09.03.2016 repudiated the claim on the ground that at the time of accident the vehicle was overloaded, which is violation of permit conditions.

6. The complainant filed a complaint before the District Commission seeking a direction to the insurance company to pay a sum of Rs. 8,68,000/- as damages towards vehicle alongwith interest at the rate of 18% per annum and Rs.5,00,000/- as compensation for mental agony and Rs. 20,000/- as litigaiton cost.

7. The insurance company contested the complaint by filing written version stating that there was gross violation of the terms and conditions of the insurance policy, therefore, the complainant is not entitled for claim. It is further stated that there is no deficiency in service on the part of the insurance company.

8. The District Commission, vide its impugned Order dated 20.11.2018, allowed the complaint and directed the insurance company to pay a sum of Rs.4,55,400/- towards damages of the vehicle with interest at 7% from the date of complaint till the date of this order, and Rs.40,000/- towards compensation for mental agony and Rs. 10,000/- towards litigation expenses.

9. Being aggrieved by the sai