Mr. Justice D.P.S. Choudhary, President—O.P. (New India Assurance Company) is the appellant who has preferred the appeal against the order dated 6.9.1995 passed by District Forum, Purnea in Complaint Case No. 102/1993 by which the Forum has directed the appellant to pay Rs. 52,316/- with interest @ 18% per annum till the date of payment and further allowed a compensation of Rs. 500/- for mental agony.

2. The appeal was heard ex parte, as the respondent did not appear in spite of the notice.

3. The brief fact of the case is that complainant filed the case stating therein that he is owner of Tata Delux Bus registration No. BHK-9448 which was insured with the appellant-O.P. for the period 3.6.1992 to 2.6.1993. The aforesaid bus met with an accident in the night of 1.10.1992 near Jalalgarh Police Station and station diary entry No. 6 dated 1.10.1992 was entered in the Police Station on the information given by the local Choukidar. On 8.10.1992 the appellant was informed about the accident and then the complainant filled up claim form and filed before the Insurance Company. A Surveyor was appointed by the Insurance Company who went to the spot, investigated the vehicle in question, a