Arun Kumar Goel, President—These appeals have arisen out of the order passed by District Forum, Solan in Consumer Complaint No.75/2007, decided on 26.8.2009, as such have been heard together and are being disposed of by this order.

2. Vehicle bearing registration No. HP-14A-5181 being insured with the Oriental Insurance Company Ltd., hereinafter to be referred to, as the “opposite party”, (OP), and being owned by Sh. Chaman Lal, hereinafter to be referred to, as the “Complainant”, is admitted between the parties. It is not again disputed by them that it was 2005 model vehicle and was insured on 24.1.2005 in the sum of Rs.4,60,000. Accident was there on 30.12.2005, i.e. within less than a year of its purchase. Accident had taken place at Bhabanagar, District Kinnaur, H.P. On receipt of intimation, preliminary survey was got done by the OP from Sh. Rajneesh Kr. Dhiman, his report is Annexure OP2. Thereafter final survey was done at the instance of OP, by Sh. Mohinder K. Sharma, and his report is Annexure OP3. In his final survey report of Sh. Sharma assessed the loss of Rs.3,49,500 on the basis of “net of salvage, on total loss basis”. Even this amount was not paid by th