Case nº Revision Petition No. 2551 of 2010 of National Consumer Disputes Redressal Commission, May 09, 2014 (case Depot Manager, President Rajasthan State Road Transport Corporation and Depot Manager, Rajasthan State Road Transport Corporation Vs Smt. Manoj Meena)

JudgeFor Appellant: Mr. Amit Agrawal, Advocate and For Respondents: Mr. Pushpak Mahajan, Advocate
PresidentK.S. Chaudhari, J. (Presiding Member) and Dr. B.C. Gupta, Member
Resolution DateMay 09, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission


K.S. Chaudhari, J. (Presiding Member)

  1. This revision petition has been filed by the petitioners against the order 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 and order 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 and order 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 per order 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...

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