Mr. Justice K.C. Bhargava, President—This is an appeal against the judgment and order dated 23.2.2001 passed by District Consumer Forum, Muzaffar Nagar in Complaint Case No. 210/1997.

2. The facts of the case stated in brief are that the complainant having a Tanker No. 12-B-2879 which was insured with the National Insurance Company Limited for bringing furnace oil from Bombay to Mathura Refinery. During the course of insurance policy, on 18.11.1996 in Madhya Pradesh on A.B. Road near Maksi this tanker which was loaded with furnace oil overturned on account of which the furnace oil which was inside the tanker started leaking speedily. The Insurance Company at Ujjain was informed of this fact and an F.I.R. was also lodged with the police station. The Insurance Company appointed a Surveyor and got the survey made. On the instruction of Sri O.P. Garg, Surveyor, a relief Tanker was called and the leftover furnace oil in the damaged tanker was transferred to the relief tanker. The bill of this relief tanker was also given to the Insurance Company but the Insurance Company has paid the amount of loss of oil but has not paid the charges of this refilling tanker amounting to Rs. 27,550/