P.D. Shenoy, Member— The facts of the case in brief are that the deceased Bolem Venkata Naganjaneyulu was the owner-cum-driver of the lorry bearing no. AP 15U1139 which was insured with the New India Assurance Company Ltd. covering all risks including third party risk. The driver was earning Rs. 4,000 p.m. On 4.12.2001, during the currency of the insurance policy, the vehicle met with an accident and the owner-cum-driver and cleaner of the vehicle died on the spot. Inquest and post-mortem were also conducted. The complainants who are LRs of the deceased made a claim which was not paid by the Insurance Company.

2. Accordingly, a complaint was filed before the District Forum with the prayer to direct the Insurance Company to pay compensation of Rs. 4,00,000 together with interest @ 12% per annum from the date of accident i.e. 4.12.2001 till the date of realization along with Rs. 5,000 towards costs. In the District Forum the Insurance Company contended that as per terms and conditions of the policy, the Insurance Company indemnifies the owner of the vehicle only against his liability to third parties, and the owner can claim only reimbursement of damage caused to the vehicle an