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

2. The complainant had insured his lorry bearing registration No. TN-55-1580 with the opposite parties on the insured’s estimated value of Rs. 1,75,000/- The said lorry originally bore registration No. KEQ 1472 and was re-registered in Tamil Nadu on 26-9-1990. On 30-12-1990 at 3 a.m. near Idayamparai in Pudikoottai District, the vehicle caught fire as a result of electric short circuit causing extensive damage to the lorry. The First Information Report was given by the driver. The officials of the opposite parties inspected the lorry and assessed the damages, but the claim was not settled till date. There was thus deficiency of service. The complainant has claimed insurance amount of Rs. 1,75,000/-, loss of earning at Rs. 1,25,000/-, interest payable to the financier at Rs. 23,100/-, travelling expenses Rs. 10,000/-, and mental strain, Rs. 15,000/- in all Rs. 3,49,1001-.

3. The claim is resisted by the opposite party and various contentions are raised which shall be dealt with hereinafter.

4. The points that arise for consideration are:

(i) Whether there was deficiency