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. Very briefly, the undisputed facts of the case are the M/s. V.K. Oil Mills, Sangrur had an open Insurance Policy for covering the risk of various goods being transported. As a part of his business the second respondent M/s. V .K. Oil Mills Pvt. Ltd. dispatched Palmolin oil in a tanker from Kandla to Ahmedgarh in District Sangrur through

M/s. National Steel Industries, Kandla on 3.9.1998. After reaching a certain destination, the complainant V.K. Oil Mills hired the services of the petitioner for further transportation. This tanker belonging to the petitioner met with an accident resulting in leaking of oil amounting to 5,605 kg. The matter was reported by the second respondent/complainant to the Insurance Company as also the transport company. The Insurer; i.e., the first respondent appointed a surveyor and after laid down procedure paid to the second respondent/complainant Rs. l,82,682 after obtaining a letter of ‘subrogation’ and ‘assignment’. A claim was also preferred with the petiti