Mr. Justice P.K. Shamsuddin, President— The Opposite Party in O.P. 240/90 on the file of the District Forum, Kollam is appellant.

2. On 16.8.1988 a T.V. set was purchased in the name of one Kamaladharan the brother of the complainant. On 24.10.89 the Complainant insured T.V. set with the Opposite Party for one year from 24.10.89. The brother of the complainant Kamaladharan was also residing with the complainant. On 4.12.89 the T.V. fell down and the picture tube was broken. The damage was reported to the Opposite Party and a duly filled up claim form was given. A Surveyor was deputed and he inspected the set. The Opposite Party asked the complainant to replace the picture tube and return the old one. Accordingly on 21.2.90 the complainant purchased a picture tube at a price of Rs. 4837/- and that picture tube was fitted on 2.3.90 on payment of fitting charge of Rs. 150/-. He filed bills with the insured and returned the old picture tube. But however the Opposite Party rejected the claim stating that the complainant had no insurable interest in the T.V. set.

3. In the version filed by the Opposite Party, it was stated that the complainant was not the owner of the T.V. set and it