The New India Assurance Company Limited Vs. Pardeep Kumar and Others - Court Judgment

B.M. Bedi, Judicial Member:

1. This appeal has been preferred against the order dated October 28^th, 2013 passed by District Consumer Disputes Redressal Forum (for short District Forum), Yamuna Nagar.

2. On May 2^nd, 2012, Pardeep Kumar-complainant (respondent No.1) boarded bus bearing registration No.HR-58/7327 from Ambala which was going to Yamuna Nagar. The bus was being driven by Ram Nath-respondent No.2 and respondent No.3-Vipin Kumar was the conductor in the said bus. The respondent No.1 was sitting on the seat near the driver seat. When the bus reached at Jagadhri Bus Stand, the respondent No.2-driver put water in the radiator after opening its cover but without switching off the ignition of the bus. The radiator was so heated, that the water boiled and sprinkled on the body of the respondent No.1 (complainant), due to which he suffered burn injuries. The driver left the respondent No.1 at nearby a chemist shop and went with the bus.

3. The respondent No.1 informed his father on telephone as well as to his employer M/s Mangla Enterprises, who came and took the respondent No.1 to J.P. Hospital, Yamuna Nagar wherein he was admitted on May 2^nd, 2012. Information being sent by the treating doctor, D.D.R. No.37D was recorded in Police Station, Jagadhri on May 3^rd, 2012. The respondent No.1 remained admitted in the hospital upto May 12^th, 2012 and incurred a sum of Rs.50,000/- on his treatment. Father of the respondent No.1 approached the Police Officers as well as the General Manager, Haryana Roadways, Yamuna Nagar but no action was taken.

4. The respondent No.1 filed complaint under Section 12 of the Consumer Protection Act, 1986.

5. The opposite parties (appellant and respondents No.2 to 4) contested complaint. They denied the averments made in the complaint and prayed for dismissal of the complaint.

6. On appraisal of the pleadings of the parties and the evidence adduced on the record, District Forum accepted complaint in the following terms:-

œ¦..we allow the complaint of complainant and direct the respondent No.4 (being insurer) to pay a sum of Rs.50,000/- to the complainant, as compensation for mental agony, harassment as well as suffering pains and wages because he remained in J.P. Hospital, Yamuna Nagar since 2.5.2012 to 12..2012 within 30 days from the date of preparation of copy of this order failing which the complainant shall be entitled to recover the same from the respondent No.4 alongwith interest at the rate of 9% per annum from the date of filing of the complaint till its realization. The respondent No.4 is also directed to pay a sum of Rs.25653/- on account of hospitalization charges as well as treatment expenses etc as per Annexure C-3 to C-13 already incurred by the complainant alongwith interest at the rate of 9% per annum from the date of filing of complaint till its realization and also to pay a sum of Rs.3300/- as litigation expenses. In case the respondent fails to comply with the order, the complainant shall be at liberty to initiate action under section 25 and 27 of the Consumer Protection Act against them.?

7. Aggrieved against the order of the District Forum, the opposite parties have come up in appeal.

8. Indisputably, Pardeep Kumar-respondent No.1 was traveling in the Haryana Roadways Bus. The bus was being driven by Ram Nath-driver. The bus in question, that is, registration No.HR-58-A/7327 was insured with the New India Assurance Company Limited-appellant (opposite party No.4) for the period from January 31^st, 2012 to January 30^th, 2013. The incident took place on May 2^nd, 2012. An inquiry was conducted by the office of General Manager, Haryana Roadways, Yamuna Nagar-opposite party No.3 wherein it was observed that:-

œIn view of the statement of both the parties I have come to the conclusion that if the driver has paid attention then the incident would not occur with the passenger and he had not to face pain. So, Sh. Ram Nath driver No.50 is absolutely at fault.?

9. Annexure C-1 copy of D.D.R., Annexure C-2 copy of Medico Legal Report, Annexure C-3 bill issued from J.P. Hospital Yamuna Nagar, Annexure C-4 to C-13 copies of bill with respect to purchase of medicines, Annexure C-14 copy of application to Superintendent of Police, Yamuna Nagar, Annexure C-15 copy of postal receipt, Annexure C-16 and C-17 copy of application to Director General of Police and postal receipt, Annexure C-18 and C-19 copy of application to Honble Chief Minister, Haryana and postal receipt, Annexure C-20 and C-21 copy of application to General Manager, Haryana Roadways, Yamuna Nagar and postal receipt, Annexure C-22 and c-23 copies of Bus Ticket and Annexure C-24 photograph of the complainant in burnt (injured) condition is the best piece of evidence to prove the claim of the complainant.

10. Having taken into consideration the facts and circumstances of the case, no case for interference in the well reasoned order passed by the District Forum is made out.

11. Finding no merit in this appeal, it is dismissed.

12. The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the respondent No.1 (complainant) against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.