JUDGMENT

S. Saghir Ahmad, J.-Respondent, who was the owner of vehicle No. TN-67-1931, approached the State Consumer Disputes Redressal Commission, Madras (the State Commission , for short) against the appellant in respect of the damage caused to his vehicle, which was insured with the appellant. The claim for damages for Rs. 1,47,141.70p. was filed some time in October, 1992. On February 8, 1993, the complaint was dismissed in default. Two days later, namely on 10.2.1993, the respondent filed an application for restoration of the complaint, but the application was dismissed by the State Commission and the complaint was not restored.

2. In April, 1993, respondent filed a fresh complaint against the appellant, but this complaint was filed with the District Consumer Disputes Redressal Forum, Kamarajar, Srivilliputhur, (the District Forum for short) in respect of the aforesaid vehicle, for the same amount, viz. for Rs. 1,47,141.70p.

3. The claim was opposed by the appellant, who filed a written statement pleading, inter alia, that it had already settled the insurance claim of the respondent for a sum of Rs. 62,811/- after scrutiny of the relevant papers and the survey report. This amou