Mr. Justice J.B. Garg, President—On a complaint of M/s. J.B. Tyres, the District Forum II ordered on 23.10.1998 that United India Insurance Company is liable to pay Rs. 72,420/- together with interest @ 15% p.a. w.e.f. 1.11.1989 and costsRs.2,000/-. Aggrieved against it, the present appeal has been attempted.

2. Briefly the facts are that M/s. J.B. Tyres own a shop at Kiratpur Sahib. They deal in tyres, tubes, etc. There was a burglary on the intervening night of 21 stand 22nd June, 1989 at their premises. As many as 18 sets of tyres, tubes, etc. of different sizes were stolen. The local police was informed where DDR No. 14 dated 22.6.1989 was recorded and the Insurance Company-now appellant-was also informed at 10.00 a.m. on 22.6.1989. According to the report of M/s. S.B. Surveyors and Consultants dated 23.6.1989, the loss was assessed at Rs. 72,420/-.

On behalf of the appellant, it has been contended that M/s. J.B. Tyres originally instituted a civil suit in the Court of Additional Sr. Sub Judge, Anandpur Sahib and it was withdrawn on 10.11.1993 with permission to institute a fresh suit on the same cause of action. Instead of a civil suit, M/s. J.B. Tyres instituted the compla