Mr. Justice V. Balakrishna Eradi, President—The Complainant herein, who was the owner of a Tata Diesel, Truck, had insured the truck with the Opposite Party Company — Oriental Insurance Co. for as sum of Rs. 4,75,000/- for the period 6.12.1991 to 5.12.1992. While the truck was proceeding with a load of wooden sleepers from Jarmola to Dehradun, it had to stop en-route on 307.1992 due to land slides having blocked the traffic on the road in question. Unfortunately, the portion of the road where the truck had been parked, seems to have given way by reason of the caving in of the earth in the concerned portion of the road due to the collapse of the embankment supporting the road and as a result thereof the truck fell in the flood waters of river Yamuna resulting in the death of the Conductor and his wife who were then seated in the truck. Since the truck was a total loss inasmuch as it fell into the mudy water of the river and could not be traced, the Complainant preferred a claim before the Insurance Company seeking to be indemnified for his loss under the terms of the policy. Intimation about the accident had been given by the Complainant to the Opposite Party Company on 1.8.199