Shri Desai also raised a contention on the amount awarded by the National Commission under the impugned order. He urged that the respondent by its conduct led the appellant to believe that the goods entrusted for transportation are insured and having been led by such representation the appellant had not insured the goods. This, according to Shri Desai is a circumstance which should be taken as a mitigating factor for quantification of the damage. In the impugned order the National Commission taking note of the stipulations in the delivery receipt which was signed by both the parties, confined the amount of damages to the value of the consignment destroyed/ not delivered. This contention in our view needs no in-depth consideration for the reason that there is no material placed before us to show that at the time of booking of the consignment any representation as stated by Shri Desai was given by the respondent to the appellant. Shri Shanti Bhushan pointed out that the question regarding insuring the consignment was raised after the incident of non-delivery or loss of the consignment took place when the respondent asked the appellant to issue a certificate of non-delivery of the consignments. Then the respondent ascertained though it had insured all its consignments in bulk the amount stated in the policy had been exceeded by the date the consignments in question were booked, and therefore the insurance policy was not of any avail so far as non-delivery/loss of the consignments in question is concerned. It follows that this contention raised by Shri Desai is also to be rejected. From the above it is clear that the term suit is a generic term taking within its sweep all proceedings initiated by a party for realisation of a right vested in him under law. The meaning of the term suit also depends on the context of its user which in turn, amongst other things, depends on the Act or the Rule in which it is used. No doubt the proceeding before a National Commission is ordinarily a summary proceeding and in an appropriate case where the Commission feels that the issues raised by the parties are too contentious to be decided in a summary proceeding it may refer the parties to a civil court. That does not mean that the proceeding before the Commission is to be decided ignoring the express statutory provisions of the Carriers Act (section 9) in a proceeding in which a claim is made against a common carrier as defined in the said Act.