Mr. Justice S.A. Kader, President — This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The complainant purchased a new Ashok Leyland Comet Vehicle on 21.3.89 and insured the same with the first opposite party for a sum of Rs. 3,50,000/-, for a period of one year and subsequently it was extended to another one year expiring on 21.3.91. The vehicle met with an accident on 30.10.90 near Attur in Salem District and a claim was preferred. The surveyor appointed by the opposite party valued the damage at Rs. 80,920.25, whereas the complainant has spent nearly Rs. 1,03,900/-, for repairing the vehicle. According to the complainant the surveyor has allowed 20% depreciation for various items while it ought to have allowed only 10%, as the vehicle was less than 2 years old. For rubber parts he has allowed 50% depreciation, which is erroneous. The opposite party failed to settle the claim. There was deficiency of service and negligence. He therefore claimed compensation for damages in the sum of Rs. 1,03,900/-, Rs. 28,800/- towards rent paid to the shed, and Rs. 29,092/- towards interest paid to the borrowers.

3. The claim is resisted by the opposi