Narendra Kawde, Member—Heard Adv. Rajendra P. Bafna on behalf of the Appellant/original Opponent and Adv. Ashutosh Marathe on behalf of the Respondent/original Complainant.

2. This appeal is directed against an order dated 30/11/2010, passed by the District Consumer Disputes Redressal Forum, Kolhapur (‘the District Forum’ in short) in Consumer Complaint No.475 of 2010, J. K. Transport Corporation v. The New India Assurance Co. Ltd.

3. With the consent of the parties heard the appeal for sometime on the point of admission and an order to dismiss the appeal was pronounced in open Court-on 13/10/2011 for the reasons summarized here-in-below:-

4. Admitted facts on record are that the Respondent/original Complainant subscribed to insurance policy No.1511 04/31/06/01/ 00000418 issued by the Appellant/original Opponent to provide insurance cover to his truck No KA- 35-7417 owned by the Respondent/original Complainant for the period commencing from 22/4/2006 to 21/4/2007. During the validity period of insurance policy, the insured truck met with an accident on 28/5/2006. Surveyor appointed by the Appellant/ original Opponent Insurance Company assessed the damage caused to the truck t