1. The present Forst Appeal has been filed against the impugned order dated 31.8.2015 passed by State Consumer Disputes Redressal Commission, Maharashtra Circuit Bench, Nagpur (in short ˜State Commission') in the Complaint Case No. CC / 13/16.

2. Along with the First Appeal, IA / 9568/2015, an application for condonation of delay of 61 days has also been filed by the Appellant. For the reasons stated in the application and in the interest of justice, IA / 9568/2015is allowed and delay condoned.

3. The case of the Complainant / Respondent is that he insured his vehicle, Ashok Leyland Truck, Registration No. MH 35 K 3400, under Commercial Package Insurance Policy No. 16030231110100000212, with the Appellant / Opposite Parties from 3.5.2011 to 2.5.2012. The Insurance Declared Value under the Policy was Rs. 21,66,000. On 28.6.2011, the driver of the Complainant Junaid Iddrish Seikh was handed over the vehicle to despatch Manure / Fertilizer from Gondia to Mashal. The driver after reaching Mashal at around 7.30 p.m, unloaded the manure and came back to Desaiganj and parked the vehicle at M/s Saibaba Roadlines,Brahmapuri Road, Gadchiroli. On 29.6.2011, when the driver woke up in the morni