S.P. Wangdi, President—This is an appeal under Section 15 of the Consumer Protection Act, 1986, filed by the New India Assurance Company Ltd., Gangtok Branch against an Order dated 18.10.2008 of the District Consumer Disputes Redressal Forum, East at Gangtok in Consumer Case No.05 of 2007 that had been filed by the respondent-complainant Gompu Lepcha for compensation of damages caused to a Goods Carrier Vehicle owned by him bearing Registration No. SK- 03/0577.

2. It is the case of the respondent-complainant that on the fateful day, i.e., 28.10.2006, while returning from Siliguri to Gangtok loaded with bricks and other materials, the vehicle met with an accident on the National Highway 31-A at Likhubhir under Kalimpong Sub-Division, District Darjeeling, West Bengal. As per the respondent-complainant, the vehicle was duly insured with the appellant under an Insurance Policy being No. 512302/31/06/01/00000638. After the accident, the respondent- complainant had sent to the appellant-Insurance Company, a letter of intimation of the accident dated 1.11.2006 and later submitted claims for damages of the vehicle to the appellant Insurance Company. But the appellant-Insurance Company,