Mr. Justice K.C. Bhargava, President—This is an appeal against order and judgment dated 11.6.1992 passed by the District Forum, Uttarkashi in Complaint Case No. 1/1991. The facts of the case stated in brief are that the complainant filed a complaint for recovery of Rs. 70,000/- alongwith interest.

2. It has been alleged that from M/s. Kailash Engineering Works, New Delhi, the complainant purchased one horizontal Injunction moulding machine for a sum of Rs. 3,23,000/-. The said machine was sent by road from Delhi to Uttarkashi and a transit insurance was obtained from respondent No. 1. The insurance was for a sum of Rs. 3,23,000/- and the machine was booked through M/s. Northern Carrier (P) Ltd. on 17.2.1986. When the machine was being transported the truck met with an accident at Baraut, Distt. Meerut. A survey was made in which it was stated that there is a total loss of the machine and the loss was to the tune of Rs. 3,23,000/-. It is alleged that respondent No. 1, the Insurance Company is liable to pay for the loss. Salvage of the machine was handed over by the respondent No. 1 to respondent No. 2 and respondent No. 1 paid a sum of Rs. 2,53,000/- to the petitioner in Decembe