Mr. B.K. Taimni, Member—Petitioner was the opposite party before the District Forum where the complaint filed by the respondent/complainant was dismissed but on an appeal filed by him, the State Commission partly allowed the appeal.

2. Briefly, the facts of the case are that the complainant had a truck tanker which was insured with the petitioner for the period from 31.8.1998 to 30.8.1999. This tanker met with an accident on 15.10.1998. The fact was reported to the petitioner, who appointed a Surveyor who assessed the loss at Rs. 83,660/-. The petitioner repudiated the claim on the ground that the driver was not holding a valid driving licence. On a complaint being filed by the complainant, the District Forum after hearing the parties dismissed the claim but on an appeal filed by the complainant, the State Commission directed the settlement of the claim on non-standard basis and directed the petitioner to pay 75% of the amount assessed by the Surveyor along with interest @ 9% payable within two months failing which interest was to go up to 12% p.a.

3. It is argued by the learned Counsel for the petitioner that report of the Investigator is on record that the original licence was