Mr. Justice R.C. Mankad, President — The complainant was owner of truck bearing registration No. CJ-9-T-4431 and he had insured this truck with opponent Insurance Company for Rs. 3,70,000/- for a period from May 8, 1990 to May 7, 1991. According to the complainant his truck usually plied between Bombay and Delhi. The truck loaded with goods left Bombay for Delhi on December 26, 1990 and reached Modasa on December 28, 1990. At Modasa, the truck was handed over to driver Ramansinh Fatehsinh Solanki and cleaner Ramlal Gumalal Ninama. The said driver and cleaner left Modasa with the truck for Delhi at about 1 p.m. on December 28, 1990. As the truck did not reach Delhi by January 5, 1991, the complainant went to Delhi to make enquiry. The complainant also made enquiry in the cities and check posts which were between Modasa and Delhi. The truck however, could not be traced. The complainant, therefore, lodged complaint with Modasa Police Station on January 9, 1991. Few days thereafter, the complainant was informed that dead bodies of the driver and cleaner were found near Biyawar in Rajasthan. The truck was, however, not found. The complainant, therefore, informed the Insurance Compa