Jodhpur: Rajasthan State Consumer Disputes Redressal Commission in Jodhpur has upheld an order directing The New India Assurance Company Limited to pay 75% of the insured amount for a tourist bus that was set on fire by an agitated mob after a fatal accident in June 2019. The ruling reinforces that an insurer cannot fully deny a claim for a vehicle treated as a total loss, even when policy-condition violations are alleged, if the forum finds partial liability.The commission, comprising president Devendra Kachhawaha and member Liaquat Ali, rejected appeals filed by both the bus owner, Jairam, and the insurer against District Consumer Commission-II, Jodhpur’s order. Jairam had sought full compensation, while the insurance company challenged the direction to pay the claim.According to the complaint, the tourist bus was travelling from Barmer to Haridwar when a motorcycle collided with it near Phalsund. The motorcyclist died, after which a crowd set the bus on fire, causing extensive damage.The owner informed the insurer, and a surveyor assessed the damage and treated the vehicle as a total loss. The company, however, rejected the claim, alleging violation of policy conditions. It argued that the bus was being operated as a stage carriage instead of a contract carriage.The district commission had accepted the complaint and ordered payment of 75% of the insured amount of Rs 38 lakh.While hearing the appeals, the state commission noted that the owner held an All India Tourist Permit, which authorised him to transport a party or its members from one place to another. It also noted that the district commission had treated the driver’s act of picking up passengers from the roadside as contributory negligence and, on that basis, restricted compensation to 75% of the insured amount.
