Mr. Justice R.C. Mankad, President — This appeal by the New India Assurance Co. Ltd. is directed against the judgment and order dated September 24, 1993 passed by District Consumer Disputes Redressal Forum, Rajkot (District Forum for short) by which the appellant is directed to pay to the respondent (original complainant) a sum Rs. 99,999/- together with interest @ 12% p.a. from the date of complaint till the date of payment.

2. Respondent is carrying on business of carriage of goods and he had insured his goods vehicle Swaraj Mazda bearing registration No. GJ-3T-2681 with the appellant under insurance policy dated August 20, 1991 for a sum of Rs. 3,00,000/-. The vehicle met with an accident on April 9, 1992 and it was damaged to the extent of Rs. 99,999/-. The respondent filed claim before the appellant for recovery of the said sum. The appellant, however, repudiated the claim. The respondent thereupon approached the District Forum by Complaint No. 688/92 alleging deficiency of service on the part of the appellant in not paying the aforesaid amount, which according to the respondent was legally due to him.

3. The appellant resisted the respondent's complaint. It was contended t