Mr. Justice K.D. Shahi, Chairman—This is Insurance Company’s appeal against the judgment and order dated 6.11.1998 passed by the District Forum, Nainital in Complaint Case No. 166/1997, Ved Prakash Shah v. Divisional Manager, National Insurance Company Ltd.

2. The brief facts of the case are that the complainant Shri Ved Prakash Shah was the owner of Ambassador Car No. UP 02 5721. It was insured. During the insurance period it met with a fire in the engine on 1.7.1994. The fire could be extinguished after about half an hour. The driver of the car Shri Jagdish Singh Satwal lodged the FIR with the Police Station. The car was taken to Haldwani in the workshop and there repairs were carried out in an expenses of Rs. 22,447/-. The vehicle was comprehensively insured. But his claim was rejected as no claim on 30.10.1995, hence the claim petition.

3. The Insurance Company filed a written statement. It is alleged that none was present when the occurrence took place. It is further alleged that on receipt of the information, the Company deputed a Surveyor Shri J.C. Singh to conduct the spot survey and on receipt of the application for claim Shri V.D. Joshi was appointed to conduct final s