JUDGMENT

Mr. M.T. Unadkat, Member (Judicial) - The Appellant/original opponent has filed present appeal challenging the order allowing the complaint passed by the Cons umer Disputes Redressal Forum, Valsad in Complaint No. 195 of 2011 dated 8.3.2013 for the sake of convenience, the parties shall be referred to complainant and the opponent in the judgment.

2. Heard Mr. V.P. Nanavati, learned Advocate for the appellant and Mr. H.L. Meghnani, learned Advocate for the complainant.

3. Considering the pleadings, documents and the judgment of the leumed District Forum, following aspects are not in dispute.

(i) The complainant is the owner of the Tanker No. GJ-7G-7123.

(ii) The complainant has obtained insurance for a sum of Rs. 4 lac with the opponent by paying premium from 1.7.1999 to 30.6.2000.

(iii) The complainant has gone to Kharaghoda on 13.6.2000 at night. The complainant stopped his Tanker near Hotel Kalgi on Anand Sarkhej High Way road for the purpose of dinner and rest.

(iv) On 14.6.2000 early in the morning, the complainant did not find his tanker. He enquired nearby persons. It was not found.

(v) On 14.6.2000 the complainant filed complaint before the Judicial Magistrate, 1st C