ORDER (Per: Justice B.C. Kandpal, President): This is insurer’s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 22.11.2013 passed by the District Forum, Tehri Garhwal in consumer complaint No. 11 of 2013. By the order impugned, the District Forum has allowed the consumer complaint and directed the appellant – opposite party to pay compensation of Rs. 1,10,000/- to the respondent – complainant together with interest @6% p.a. from 18.03.2011 till payment and Rs. 2,000/- towards litigation expenses. 2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the vehicle No. UA09-4775 was insured with the appellant – The New India Assurance Company Limited at an IDV of Rs. 1,40,000/- for the period from 15.10.2010 to 14.10.2011. It was alleged that on 15.03.2011 at about 2:00 p.m., the said vehicle went out of order near Village Bhainga, Lambgaon due to technical defect in the same and fell in a ditch and got completely damaged. The intimation of the accident was given to the insurance company, who appointed surveyor. The complainant lodged the claim with the insurance company and completed all the formalities, but his claim was not settled by the insurance company. Thus, alleging deficiency in service on the part of the insurance company, the complainant filed a consumer complaint before the District Forum, Tehri Garhwal. 3. The insurance company filed written statement before the District Forum and pleaded that the consumer complaint is barred by time; that the surveyor Sh. Ajay Kumar Arora per his survey report dated 24.06.2012 has assessed the loss to the tune of Rs. 1,10,000/- on total loss basis; that the complainant did not submit the invoice and, as such, the claim could not be settled and that there is no deficiency in service on their part. 4. The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 22.11.2013 in the above manner. Aggrieved by the said order, the insurance company has filed the present appeal. 5. We have heard the learned counsel for the parties and have also perused the record. 6. So far as the limitation aspect of the matter is concerned, the accident in question took place on 15.03.2011 at about 2:00 p.m. and the consumer complaint was filed by the complainant on 29.04.2013. 5. We have heard the learned counsel for the parties and have also perused the record. 6. So far as the limitation aspect of the matter is concerned, the accident in question took place on 15.03.2011 at about 2:00 p.m. and the consumer complaint was filed by the complainant on 29.04.2013. The insurance company has stated that as the consumer complaint has been filed after a period of two years’ from the date of accident of the vehicle and, as such, the same is barred by time. We do not find any force in the said submission of the insurance company, for the reason that there is no dispute with regard to the fact that the claim of the complainant was neither settled, nor repudiated by the insurance company and the same was kept pending by the insurance company. Thus, it can very well be said that the cause of action for filing the consumer complaint by the complainant was continuing and the same had not come to an end, so as to count the limitation for filing the consumer complaint. The District Forum has rightly held that the consumer complaint was not barred by time and we also subscribe to the said view taken by the District Forum. 7. So far as the quantum is concerned, the surveyor of the insurance company in his survey report dated 24.06.2012 (Paper Nos. 20 to 25) has assessed the loss at Rs. 1,10,000/- on total loss basis. The District Forum has awarded the compensation of Rs. 1,10,000/- placing reliance on the report of the surveyor, but the District Forum has forgotten to deduct the value of the salvage from the said amount. The surveyor has assessed the value of the salvage as Rs. 35,000/-, which in our view is on the higher side and we are of the view that the value of the salvage should be taken as 20% of the assessed loss, i.e., Rs. 1,10,000/-. This way, the value of the salvage comes to Rs. 22,000/- and after deducting the value of the salvage from the assessed loss, the net compensation comes to Rs. 88,000/-. The surveyor has also calculated the net liability of the insurance company on total loss basis after deducting the value of the salvage. This apart, the District Forum has awarded interest from 18.03.2011. 22,000/- and after deducting the value of the salvage from the assessed loss, the net compensation comes to Rs. 88,000/-. The surveyor has also calculated the net liability of the insurance company on total loss basis after deducting the value of the salvage. This apart, the District Forum has awarded interest from 18.03.2011. We are of the view that the complainant is entitled to interest from the date of filing of the consumer complaint, i.e., 29.04.2013 and not prior to that. The rate of interest as well as the litigation expenses awarded by the District Forum are justified. Thus, the appeal succeeds partly and is to be allowed accordingly and the order impugned passed by the District Forum is to be modified as such. 8. For the reasons aforesaid, appeal is partly allowed. Order impugned dated 22.11.2013 passed by the District Forum is modified and the appellant is directed to pay compensation of Rs. 88,000/- to the respondent together with interest @ 6% p.a. from 29.04.2013, the date of filing of the consumer complaint till payment and Rs. 2,000/- towards litigation expenses awarded by the District Forum. However, the cost of the appeal is made easy.