Mr. Justice M.R. Agnihotri, President— Complainant Mohinder Singh has come up in appeal before us for the enhancement of the claim arising out of accident of his truck occurred on 18th of October, 1992. The claim was lodged with the National Insurance Company with an estimate of Rs. 1,34,221 /-, but ultimately he spent Rs. one lac in all, on the repairs. Since the respondentInsurance Company paid Rs. 54,844/ on 18th of October, 1993 i.e. after expiry of one year from the date of accident, the complainant approached the District Forum for claiming the balance amount of Rs. 45,195.31 Paise alongwith interest on the entire amount.

2. In the written statement filed by the Insurance Company, it was pleaded that the complainant had accepted an amount of Rs. 54,844/- in full and final settlement of his claim and thus the complaint was no longer maintainable. It was further pleaded that the aforesaid amount was in fact paid and settled as per final report of the Surveyor.

3. Learned District Forum after examining the entire matter held that the acceptance of the amount by the appellant was in fact not in full and final settlement of his claim. Accordingly, the complaint was accepted dir