Mr. Justice S.K. Dubey, President—This appeal is directed against the order dated 10th January, 2002 passed in case No. 323/2001 by the District Consumer Disputes Redressal Forum, Bhopal (for short the “District Forum”) whereby the complaint for deficiency in service in not making the payment of the own damage claim of the Ambulance bearing registration No. M.P. 04-K 3625 comprehensively insured met with an accident on 25.3.2001 was allowed with an order to pay the amount of Rs. 25,245/- as assessed by the Surveyor with interest thereon at the rate of 12 per cent per annum from 23.5.2001 and Rs. 500/- as costs of the proceedings.

2. Learned Counsel for the Insurance Company contended that the Ambulance is a transport vehicle registered as LGV by the RTO Bhopal which did not have certificate of fitness as required by Section 56 of the Motor Vehicles Act, 1988. The driver driving the vehicle at the time of accident was holding a driving licence to drive light motor vehicle, which did not have an endorsement authorizing him to drive the transport vehicle as mandated by Section 3 of the Motor Vehicles Act, 1988, hence, the repudiation of the claim was on justifiable grounds.

3. Lear