(Per : C.C. Pant, Member)

This appeal is directed against the order dated 26.10.2005 passed by the District Consumer Forum, Chamoli, partly allowing Consumer Complaint No. 21/2005; Budhi Singh Pharswan Vs. The Oriental Insurance Co. Ltd., 3/4, Astley Hall, Rajpur Road, Dehradun and directing the insurer – appellant to pay compensation of Rs. 1,27,000/- together with interest @5% thereon from the date of complaint till the actual payment and Rs. 1,000/- as the cost of litigation.

2. Very briefly the facts of the case leading to filing the complaint were that the complaint owned a Tata Sumo bearing registration No. UP-07-C-9793. On 14.04.2004, the vehicle was carrying passengers from Joshimath to Chamoli. At about 11:05 a.m., the vehicle met with an accident near Joshidhara due to some technical fault and fell down into a deep rocky khud. The vehicle got totally damaged and it could not be recovered in one piece but in mutilated from. The vehicle was insured with the appellant – insurer for a sum of Rs. 2,00,000/- under policy cover note No. 04/6555, which was valid for the period from 01.03.2004 to 28.02.2005. On receiving the intimation from the insured on 17.04.2004, the in