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D.K.JAIN
New India Assurance Company Limited – Appellant
Versus
Pradeep Kumar – Respondent
The Supreme Court held that the report of an approved surveyor, while an important pre-requisite for settling a claim under insurance law, is not sacrosanct or binding on either the insurer or the insured. The Court clarified that although the surveyor’s assessment is a valuable basis for settlement, it is not conclusive or final. The report may serve as a foundation for the insurer to determine the claim amount, but the insurer retains the discretion to settle the claim for an amount different from that assessed by the surveyor. The Court emphasized that the surveyor’s report is neither binding nor sacrosanct, and the insurer can depart from it if justified.
Judgment :-
R.M. Lodha, J.
In this appeal, by special leave, the appellant, New India Assurance Company Ltd. (for short, `insurance company) has challenged the order dated September 14, 2001, passed by the National Consumer Disputes Redressal Commission (for short `National Commission). By its order the National Commission dismissed the revision petition filed by the insurance company under Section 21(b) of The Consumer Protection Act, 1986 (for short, `Act 1986) and affirmed the concurrent orders of State Commission for Redressal of Consumer Disputes, Uttar Pradesh, Lucknow (for short, `State Commission) and Resident Consumer Disputes Redressal Forum, Uttarkashi, (for short `District Forum) whereby the insurance company has been directed to pay a sum of Rs. 1,58,409/- along with interest at the rate of 12% per annum to the respondent Pradeep Kumar (for short `complainant).
2. The complainant is the owner of a heavy motor vehicle (open body truck) bearing registration no. UP-07 F- 9095. The vehicle was registered on January 2, 1997 and was insured vide Policy No. 31/04825 effective for the period from November 8, 1997 to November 7, 1998. The said vehicle loaded with potatoes met wi
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