S.A. Kader, President - This is a complaint under Sec. 17 read with Sec. 12 of the Consumer Protection Act.

2. The complainant insured his Tata Benz lorry bearing Regn. No. TN-31-Z-2772 with the second opposite party for a sum of Rs.4 lakhs for the period from 5.12.1991 to 4.12.1992. The lorry met with an accident on 4.1.1992. The complainant preferred a claim. A Surveyor was appointed. The complainant claims to have repaired and rebuilt the lorry at a cost of Rs.36,649-80 as labour charges and for cost of materials and Rs.45,000/- towards painting etc., The claim was rejected by the opposite party on 10.8.1993. Hence this complaint claiming Rs.36,649-80 towards loss and another sum of Rs.4,80,000/- for mental agony.

3. The first opposite party has filed a detailed counter. According to the first opposite party, a Surveyor was appointed without prejudice. It is denied that the complainant has incurred expenses to the tune of Rs.36,649-80 or Rs.45,000/ -. According to the first opposite party there was a blatent violation of the terms and conditions of the policy and it was for this reason that the claim of the complainant was repudiated. It is the case of the first opposite part