ORDER

K.C. Gupta, President - This appeal has been directed by the opposite party against order dated 11.1.2002 passed by Consumer Disputes Redressal Forum, Gurgaon (hereinafter to be referred as District Consumer Forum) vide which complaint of respondent (complainant) was accepted and the appellant was directed to pay Rs. 86,847.38 with interest @ 9% to be calculated after expiry of three months after the date of accident till payment besides Rs. 5,000 as costs of litigation subject to deposit of salvage or its price.

2. Briefly stated the facts are that the respondent Rampal Singh (complainant) was the registered owner of Maxi Cab Jeep bearing No. HR26-D-2891. He got it insured for Rs. 2.50 lacs with the New India Assurance company Ltd. vide policy which was valid from 16.11.1998 to 15.11.1999. Unfortunately the said vehicle met with an accident on 13.11.1999. The respondent gave intimation to the New India Assurance Company which appointed a surveyor who submitted his report. However, ultimately the Insurance Company rejected the claim on the ground that the insured jeep was not having fitness certificate at the time of accident and as such claim was not maintainable.

3. Parties ad