Mrs. Saroj Rajwade, Member—This appeal is directed against order dated 8.7.1995 of the District Consumer Disputes Redressal Forum, Betul (hereafter referred to as District Forum) Case No. 98/94. After filing this appeal, the appellant filed an application under Order 41, Rule 27 of CPC on 5.8.1996, with this application the appellant filed two documents. Notice was issued to respondent on this application.

2. Facts of the case briefly stated are that respondent owned a truck No. MP-05-A-2533 (Tata LP) make 1991 valued at 5 lacs of Rupees (including body). This truck was insured with appellant for the period 25.10.1993 to 24.10.1994. This truck met with accident on 30.3.1994 and was totally burnt. Respondent filed a claim with the appellant and completed all formalities expected of him. When his claim was not settled for a long time, he filed a complaint in District Forum, Betul on 29.11.1994 and prayed for direction to appellant to pay him 5 lacs of Rupees with 18% interest for deficiency in service in that his claim was not settled in 3 months. In their reply, the opposite party/appellant in this case informed the District Forum that case was being investigated and it was taki