Mr. Justice R.K. Patra, President—Being felt aggrieved by the order of the Ganjam District Forum dated 19.12.2003, the Divisional Manager, Oriental Insurance Company Limited, Berhampur has filed this appeal. By the said order the appellant has been directed to pay Rs. 3,26,415 with 12 per cent interest from 30.3.2001 (date of filing of the complaint) to the respondent.

2. The respondent filed the complaint against the appellant alleging deficiency in service for non-settlement of his claim.

His case is that he is the registered owner of a public carrier bus bearing registration number OAG-4321. He got insured with the appellant for Rs. 4,00,000 on payment of premium of Rs. 11,619. The Insurance Policy was valid from 28.1.2000 to 27.1.2001. During the subsistence of the policy i.e., on 25.7.2000 at about 6.30 p.m. while the bus was proceeding towards Kamasaragada from Berhampur near Jagannathprasad College the tie, rod slipped due to which it went out of control of the driver. As a result, it dragged itself to extrme left and dashed against a mango tree causing extensive damage. Soon after the accident the driver reported the matter to Jagannathprasad police out-post. The respond