Mr. Justice S.A. Shah, President—The complainant is holding a driving licence for heavy motor vehicles since 1966 and is the owner of truck No. GRR 5731 Ashok Leyland make Model of 1984. According to him he brought this vehicle with the help of Bank of Baroda, Ahmedabad by obtaining a loan for Rs. 1.65 lakhs and managed for the remaining money of Rs. 60,000/- by selling away his old vehicle.

2. The complainant got the above vehicle insured with the opposite party — the New India Assurance Co. Limited for a sum of Rs. 2 lakhs and paid the premium of Rs. 3,977/- and a policy No. 31210201-13317 was issued by the opposite party covering the truck risk i.e. own damage basic and liability to public risk. The policy is issued on February 22, 90 for the period commencing from 24.2.90 to 23.2.91. This fact has not been disputed by the opposite party.

3. Unfortunately on March 19,1990 while the vehicle was on its way to Igatouri from Ahmedabad met with a road accident which according to the complainant occurred between Surat and Bombay near village Karangan. The vehicle was loaded with gear box articles and also some bags containing tomatoes. As disclosed in para 6 of the complaint anothe