Mr. Justice Chandrashekaraiah, President—The complainant has filed this complaint for a direction to the opposite parties (O.P.) to pay a sum of Rs. 10,32,500/- with interest alleging “deficiency in service”.

2. The facts in this case are as follows:

The complainant is the owner of the machine called “HAAS USA made CNC Turning Central Model H-2” with other specifications as specified in the invoice dated 30.4.1998 valued at US $ 70,000. Immediately after the purchase of the said machine, the complainant has sent the same to Delhi for exhibition. After the exhibition, the said machine was re-transported from Delhi to Bangalore by truck. The complainant had insured the said machine with the second respondent Insurance Company under “Marine Policy”. Unfortunately, the truck, which was carrying the machine, was toppled and fell into a pond with the consignment on 11.8.1998. The result of the accident was a total loss of the machine. After the said accident, the complainant made a claim claiming compensation, since the said accident occurred when the policy was in force. On the said claim, the Insurance Company appointed a Surveyor to assess the loss. The Surveyor has held that there