Mr. D.D. Bahuguna, Sr. Member—This is a complaint for award of Rs. 2,75,115.37 as the insurance claim along with interest at the rate of 18% per annum as well as compensation and other financial loss against the opposite party, New India Assurance Company Limited.

2. Briefly stated the facts of the case are that the complainant, Raj Karan Singh, is the owner of truck No. UAG 9851. The truck was insured vide policy No. 3112140013554. The insurance was in force from 9.1.1991 to 8.1.1992 for a sum of Rs. 4,00,000/-. The truck had been purchased on 9.1.1989 through hire purchase agreement with Tata Engineering and Locomotive Company Ltd., Bombay. On 12.4.1991 while the truck was on its way from Gosaiganj to Lucknow, an accident took place and the truck was completely damaged. The driver, cleaner and four labourers died on the spot and one labourer sustained injuries and later on saved. Thus there were five labourers engaged in the loading and unloading of the truck. The First Information Report of the incidence was made with the local police station on 12.4.1991 itself. The police investigated and submitted the final report on 2.11.1991. The truck was completely damaged and was kept in the garage of opposite party No. 3, Motor Sales Ltd., Mahatma Gandhi Marg, Lucknow. The accident was reported to the opposite party New India Assurance Company and an insurance claim was lodged on 20.4.1991 in the Lucknow office of the opposite party No. 1. A claim for the amount of Rs. 2,75,115.37 was lodged. The complainant was informed that the claim has been recommended to the opposite party’s Bombay office. M/s. Arvind Mohan and Company and Sri V.K. Malhotra, Surveyors were appointed by the Insurance Company who have been impleaded as opposite party Nos. 4 and 5. The Surveyors carried out the survey and report was submitted to the opposite party, Insurance Company. Since then the complainant has been writing to the opposite parties to settle the claim but so far the same has not been settled. The financiers of the vehicles M/s. Telco, opposite party No. 2 have been pressing hard for the payment of the outstanding towards the cost of the truck but the complainant could not meet this obligation in view of the fact that he has been put to financial loss and there is no other source of livelihood as the truck has been completely damaged. The complainant has been put to physical and mental tension and has become a heart patient. He, therefore, lodged a claim before the State Commission praying for award of Rs. 2,75,115.37 as the amount of insurance claim along with 18% per annum interest till the date of payment. A compensation of Rs. 50,000/- for mental and physical torture was also claimed. Besides, the complainant has also asked for Rs. 5,000/- as cost of proceedings and other expenses. Since the truck is lying in the garage, therefore, an amount of Rs. 50/- per day was also claimed as its rent. The truck has been removed from the workshop by the opposite party No. 3 and has sustained a further loss of Rs. 25,000/-, the same has also been claimed. A direction has also been sought that opposite party No. 2 Telco should be directed not to charge the interest on the outstanding amount to be paid on the amount of truck financing.

3. The complainant along with claim filed copies of documents in relation to agreement with the financiers, affidavits of Sukh Dayal, the labourer, who survived in the accident, copies of the police report, copies of the insurance papers and copies of proforma invoice of the Motor Sales Corporation and other papers.

4. The opposite party, in its written statement, admitted the insurance of the truck from 9.1.1991 to 8.1.1992, but denied rest of the allegations contained in the complaint. It was stated that the claim lodged by the complainant was being probed into for ascertaining its correctness, and settlement according to the terms and conditions of the policy. The complainant is entitled to compensation, if any, accordi