Mr. Justice K.C. Bhargava, President—This is an appeal against the judgment and order dated 20.10.1992 passed by District Consumer Forum, Dehradun in Complaint Case No. 408/1992.

2. The facts of the case stated in brief are that the complainant filed this complaint for recovery of Rs. 1,50,000/- alongwith interest from the date of filing of the complaint. It has been told by the complainant that Vinod Kumar Aggarwal is the Power of Attorney Holder of Sri Tek Chand, the complainant and as such authorised to verify the complaint. The complainant is the owner of truck No. URL 895. This truck was insured with the New India Assurance Company which was effective from 13.3.1988 to 12.3.1989. The risk of theft, house breaking, burglary, etc. were covered. It was further alleged by the complainant that the same struck was stolen on 12.4.1988 for which an FIR was lodged in the Police Station, Fatehpur, Distt. Saharanpur on the same day. The information was also sent to the Insurance Company on the same day. Despite efforts by the police the truck could not be recovered and a final report was submitted on 23.2.1990. The claimant lodged a claim with the Insurance Company on 13.4.1990 for R