Mr. Justice P.N. Nag, President — This appeal is directed against the order of the learned District Forum, Sirmoura at Nahan, date 22.7.94, whereby the opposite party (hereinafter to be referred to as the Insurance Company) has been directed to pay to the respondent Rs. 1,51,000/- less permissible deductions, alongwith interest @ 12% per annum from 1.8.91 till actual payment and also costs of Rs. 250/-.

2. The relevant facts necessary to be mentioned are that the respondent who was a owner of a Truck bearing Registration No. HP 17.3100 Old Number UGA-8515, insured this Truck with the Insurance Company for a sum of Rs. 2,50,000 /- from October, 1990 to October, 1991. The Truck met with an accident on 1.4.91 when the Insurance policy was in force. The respondent preferred his claim with the Insurance Company but the same was repudiated by the Insurance Company mainly on the ground that there is no deficiency in service and the loss should be assessed on the basis of the report of Surveyor Shri Vinod Singh Pal who has assessed the loss at Rs. 83,988/- subject to production of vouchers and in the alternative for Rs. 56,526/- without production of vouchers. However, the accident of