Mr. Justice S.A. Shah, President—The bare facts of this case are practically admitted by both the parties which run as under:

2. That the complainant had insured the Ashok Leyland Truck No.GJ-l-U-3607 with the opposite party, the United India Insurance Company Limited. According to the complainant the new truck was purchased by him on 26.11.90 but for the safety he took insurance effective 26.11.90 to 25.11.91. The truck’ was put to actual use only after a month.

3. The truck while going from Ahmedabad to Madhya Pradesh met with an accident near Bhilai on the night of 6.3.91.

4. The F.I.R. was lodged on 7.3.91. The complainant was here in Ahmedabad who was informed of the accident. In the meantime the spot survey was made on 11.3.91 by one Mr. A.K. Sen, a qualified automobile consultant and surveyor at the instance of the opposite party. The spot survey report has not been produced by the Insurance Company but at our request the same is shown to us. Kum. S.S. Shah, Advocate for the opposite party states that she will produce the xerox copy tomorrow.

5. The spot survey report clearly shows the condition of the vehicle and going through the said report it appears to us that every ma