Mr. Justice D.P. Wadhwa, President—It is the insurer-opposite party, which is aggrieved by the order of the Maharashtra State Consumer Disputes Redressal Commission, has filed this appeal. Earlier this appeal was dismissed by this Commission holding that it had gone through the records of the case and was disinclined to interfere with the order passed by the State Commission. No reason was given as to why this Commission did not find it necessary not to interfere with the order of the State Commission. The matter was then taken by the insurer to the Supreme Court which by order dated 12.1.2001 set aside the order of this Commission and remanded the appeal for fresh disposal after giving opportunity of hearing to the parties and by passing reasonable order in accordance with law. That is how this appeal is again before us.

2. There was an insurance claim by the respondent-complainant for loss of its insured vehicle. The vehicle was a tanker which was insured with the petitioner for Rs. 5,90,000/-. During subsistence of the insurance policy, the vehicle met with an accident. It overturned and the petrol which it was carrying started leaking. During the process of transferring th