These two appeals arising from the decisions of the State Consumers Protection Commission, Srinagar, involving identical dispute and common question of law were heard together and are disposed of by this common judgment. Before adverting to the dispute involved, the facts may, briefly, be noticed.

2. In CIMA No. 104/2001, arising from complaint No. 23/2000 titled Irfan Sidiq Bhat v. Senior Divisional Manager, National Insurance Co. Ltd., the facts are that the complainant owned a Tata Sumo bearing registration no JK-01D-5147 of 1999 model. He got the vehicle insured with the National Insurance Co. Ltd.(in short the Insurance Company) and started running it as passenger taxi. On 7th September, 1999 the vehicle met with an accident at Bijbehara when it was blown up in a mine blast resulting in death of the driver Showkat Ahmad and two passengers on the spot and total loss of the vehicle. The complainant lodged an FIR and also raised claim for compensation. Elite Surveyors were appointed as surveyor to assess the quantum of loss. Jehlum Investigating Service Pvt. Ltd. was appointed to investigate the case. The said agency found that the driver was authorized to driver