Mr. Justice P.C. Misra, President—This application has been filed under Section 17 of the Consumer Protection Act. The insured is the complainant and the Insurance Company is the respondent.

2. The brief facts of the case as revealed from the complaint petition are that the complainant purchased a TATA Truck in the year 1983 bearing Regd. No. OSC-789 made a comprehensive insurance policy vide Policy No. 315400/MV/2267/90 for a sum of Rs. 1.5 lakhs with the respondent-company. The said policy was valid for the period from 27.11.89 to 26.11.90. On 28.11.89 at 9 p.m. the said truck met with an accident and after accident the respondent company did not settle the claim of the claimant. It is the case of the complainant that after accident the said truck was severely damaged and it was towed from the place of the accident to the garage namely M/s. Viswakarma Automobile Works, Bhubaneswar. The complainant lodged the claim before the respondent No. 2 in the prescribed format claiming a sum of Rs. 1.5 lakhs. Due to non-availability of funds with the complainant he had made arrangement for repair on contract basis with the understanding mat the insurance claim amount would be paid direc