B.K. Taimni, Member—Petitioner was the opposite party before the District Forum where the respondents had filed a complaint alleging deficiency in service on the part of the petitioner.

2. Undisputed facts of the case are that the services of the petitioner were hired for transportation of RBD Palmoline Oil on 25.8.1997 for transportation of oil from Kandla to Pathankot in a ‘lorry-tanker’ belonging to the petitioner. This tanker met with an accident on 27.8.1997. Since the goods were under cover of Insurance with the first respondent Insurance Company, the matter was reported to the insurer who appointed a surveyor and after following due procedure settled the claim at Rs. 2,08,696 after obtaining a letter of ‘subrogation’ and ‘assignment’. The matter was also taken up with the petitioner but since the claim was not settled by the petitioner, a complaint was filed before the District Forum, who after hearing the parties, dismissed the complaint. An Appeal filed by the respondents before the State Commission was allowed and the petitioner was directed to pay Rs. 2,08,896, i.e., the amount of settlement between the first and second respondent along with interest @18% p.a. from