Mr. Justice R.N. Mittal, President—This appeal has been filed by the complainant against the order dated 30.4.93 of the District Forum-I dismissing the complaint.

2. Briefly the facts are that the complainant despatched a machine by a truck vide goods receipt dated 25.6.89 from Vapi to their factory at Sahibabad through M/s. Jaipur Golden Company (P) Ltd., New Delhi (hereinafter referred to as the transporter). They, on 27.6.89 got the machinery insured from respondent No. 1 upto their factory against 'all risks, strike, riot and civil commotion' for Rs. 1 lac. When the goods were being unloaded by the labor in the factory premises, the crane gave way and the machinery fell down and got damaged. The respondent was informed immediately and they appointed a surveyor to assess to loss, who assessed it as Rs. 35,100/-. They paid Rs. 1,170/- to the surveyor as his fee. However, the complainant's claim was not allowed by the respondents. Consequently they filed a complaint.

3. The respondents contested the claim and inter-alia pleaded that the loss was not caused during transit. They further stated that it was possible that the complainant might have obtained the insurance after the m