ORDER

A.B. Pal, President - We have heard Mr. P.K. Dhar, learned Counsel for the appellant and Mr. S.M. Ali, learned Counsel for the respondent.

2. We propose to dispose of the above two appeals by this common judgment as they relate to the same vehicle which suffered damages in two separate accidents giving rise to the claims against the same insurer, the respondent herein.

3. Before adverting to the issues adumbrated in the above two appeals the facts may be briefly noticed.

4. The vehicle TR-01-B-1881, owned by the appellant, was a new Truck manufactured in 2002. After the purchase it was insured with the respondent-insurer for the period from 14.9.2002 to 13.9.2003. On 22.7.2003 the vehicle, while proceeding towards Agartala from Silchar, suddenly capsized and met with an accident. For the damages suffered the appellant lodged claim for Rs. 1,80,948. But the insurer offered only Rs. 57,943. The amount was however, accepted by the appellant towards full and final settlement of the claim. Thereafter on 7.4.2004 the appellant vide a letter to the insurer claimed further compensation which was, however, turned down by the insuer. Aggrieved, the appellant approached the District Forum,W