Mr. Justice G.G Loney, President—Both the appeals are decided by this common order as arising out of the order of the District Forum, Jalana dated 1.12.1990 passed in Complaint No. 35/90.

2. The short facts necessary for the just decision of these two appeals are as under :

The appellant-Vinay Kumar Abad purchased the motor vehicle from Secunderabad on 4.11.88 named as ‘Padmini Car’. The said car while coming to Aurangabad on 6.11.88 was involved in an accident. The occupants of the car Shri Dharamchand Jain, Shri Anant Kulkarni and Shri Jitendra Abad sustained injuries and the motor car also was damaged. Admittedly, the motor car was insured with United India Insurance Company Ltd. at Jalana Office. As a consequence of the accident Shri Vinay Kumar A bad lodged the claim with the Insurance Company. The damage of the car was surveyed through Shri Kannan, Surveyor who estimated the loss at about Rs. 63,960/-. However, actual expenses to repair the said car being incurrred at Rs. 42,788/-, the said amount was deposited in the complainant’s Bank on 22.8.1989. The Insurance Company denied the claim of complainant for medical expenses etc. and hence the complainant presented the com