JUDGMENT :

C.C. PANT, J.

1. This appeal is directed against the order dated 1.10.2010 passed by the District Forum, Haridwar, allowing the consumer complaint No. 174 of 2009 and directing the opposite party to pay to the complainant a sum of Rs. 4,26,359/- together with interest @ 6% per annum from the date of filing the consumer complaint till payment and Rs. 1,500/- towards cost of litigation within a month from the date of the order.

2. The facts of the case, as stated in the consumer complaint, in brief, are that the complainant-Sh. Gugan Singh through Speed Crafts Ltd., Plot No. 1, I.I.E. Sidcul, Roshnabad, District Haridwar, purchased a Topteam Machine Hydraulic Press. The machine was transported to Sidcul, Haridwar by Truck No. HR38-G-7111 of M/s. ENGG Logistics, Faridabad on 29.7.2008. The said machine got damaged while it was being loaded in the said truck. According to the complainant, the machine was insured with National Insurance Co. Ltd. Haridwar-opposite party. The opposite party was intimated regarding the said damage through e-mail, upon which the opposite party deputed its surveyor to inspect the said machine. The surveyor observed that the loss due to damage was to