Mr. Justice M.S. Parikh, President—This appeal arises from order dated 8.1.2004 rendered by the learned Consumer Disputes Redressal Forum, Jamnagar in Complaint No. 79 of 1995 directing the opponent Insurance Company to pay to the complainant Rs. 50,000 with interest @ 6% p.a. from the date of complaint till payment and cost quantified at Rs. 1,500. We have heard the learned Advocate for the appellant Insurance Company-original opponent. We have gone through the impugned order. No one has remained present for the respondent-original complainant. It was the complainant’s case that he had taken insurance in respect of his tractor/trailer from the opponent Insurance Company and during the period of insurance it met with an accident on 12.3.1994 when he, in the company of his brother, was going from Varvala to Dwarka for fetching water. According to the complainant, he sustained loss of Rs. 50,000. The opponent Insurance Company repudiated the claim and resisted the complaint on the ground that the vehicle in question was plied in contravention of the condition of the policy of insurance regarding use of the vehicle for commercial purpose and one passenger was allowed to occupy th