Prof. S.K. Kar, Member - The complaint case is that he took on lease the permit from one B. Das for plying the Vehicle No.WBS 5008 and had been plying on the route from Howrah to Dihibhursut against valid permit. The said vehicle was duly insured under comprehensive policy with the opposite party Nos. 1 and 2 and a certificate of insurance Policy bearing No. 3151010006431 issued in the name of the complainant/petitioner who is the owner of Vehicle No. WBS 5008. The said insurance policy was valid and legal.

The further case of the petitioner/complainant is that the said vehicle No. WBS 5008 met with an accident near Manikpur on 3.5.1988 at about 8.15 A.M. The said accident was duly registered with Jagatbalavpur Police Station at Hawrab. In the said accident some persons were dead and some were injured and also it caused total loss of the Vehicle No. WBS 5008.

The opposite party Nos. 1 and 2 appointed a surveyor M/s B. Ghosh and Co. who after carrying a survey without knowledge and notice of the complainant/petitioner submitted a report showing the damages caused to the captioned Vehicle No. WBS 5008 amounting to Rs. 49,850/- including body materials after deduction of depreciati