Mr. Justice A.P. Chowdhri, President— Brief facts giving rise to this complaint are that the complainant purchased 1990 Model Tata Truck and got it registered on 12.2.90. Half body was got made. It was financed by Bank of Baroda to the extent of Rs. 2,62,508/ -. It was insured for the period 7.2.91 to 6.2.92. The Complainant took out the Policy No. 6305111 from the Opposite Party for Rs. 8,50,000/-. The truck was stolen on the night between 5/6.11.91. FIR 282 u/Sec. 379 was registered at Police Station, Baghpat. The truck could not be traced. Untraced report was submitted by the police on 27.2.92. The Opposite Party having failed to settle the claim to the satisfaction of the complainant, this complaint was filed on 1.12.92. The complainant claims:—

(i) Actual price of the truck, as distinguished from its market value on the date of theft.

(ii) Interest on the loan taken from Bank of Baroda as per following break up:—

Value of truck : Rs. 3,50,000.00

Interest penalty payable to Bank : Rs. 1,50,000.00

For mental pain and suffering : Rs. 2,00,000.00

Total : Rs. 7,00,000.00

Interest @ 24% on the above amount from 5.12.91.

2. The Opposite Party in its written version stated that it was