IMPORTANT POINTS
When the Insurer appointed a surveyor on receipt of belated claim and the latter of repudiation does not whisper about delay in lodging claim, it can safely be concluded that the insurer had waived the right which was in its favour under the duration clause.
When a second surveyor/investigator is appointed by
When the Insurer, after the first surveyor submitted its report, appoints a second surveyor/ investigator without explaining the reason for such appointment, report of the first surveyor prevails.

JUDGMENT

Dipak Misra, J.

The appellant-complainant filed a batch of 21 complaints i.e. C.D. Nos.539 to 559 of 2000, claiming compensation of Rs.43.59 lacs along with interest @ 18% p.a. from the respondents, namely, United India Insurance Company Limited and India Transport Organization, on the ground that there had been shortage/loss of 'All Aluminium Alloy Conductor' (for short, 'AAAC') wire, which was supplied by the complainant to the Power Grid Corporation of India Limited (PGCIL). The case of the complainant before the Consumer Disputes Redressal Forum, Ranga Reddy District (for short, 'the District Forum') was that between 1.3.1998 to 13.4.1998, twenty-one trucks of AAAC wire packed in wooden drums were delivered at stores of PGCIL at Assam. In all the trucks shortage was noticed by PGCIL on 25th March, 1998. As there was shortage, which is called transit-loss for which the appellant had taken a policy from the insurer, it put forth a claim before the insurer for Rs.35 lacs. The said claim was lodged before the insurance company vide letter dated 3rd April, 1998.

2. On the basis of the communication made by the appellant, the insurer appointed a surveyor who gave a report on 1st September, 1998, assessing the loss approximately at Rs.2 lacs in each case, thereby the amount in toto assessed by the surveyor was approximately Rs.43 lacs. Though the surveyor had assessed the loss and sent it to the insurance company, the insurer vide letter dated 20th September, 1999, repudiated the claim by stating thus:-

“Dear Sirs,

Re: Marine claim No.050202/21/26/7/18/97/

Policy No.050202/21/26/16/2101/97

On perusal of the records pertaining to the above claim, and subsequent investigation into the matter, we find that the above claim lodged by you does not fall under the purview of “TRANSIT LOSS”. As such, the claim is not tenable under the terms of the policy. In view of this, we are treating your above claim as “NO CLAIM”.”

[Emphasis added]

3. As the claim was not accepted, the appellant knocked at the doors of the District Forum for grant of compensation, but the District Forum declined to accept the claim on three counts, namely, that there was non-joinder of necessary parties; that the allegation of theft was not proved; and that in a summary proceeding the factual dispute could not be decided.

4. Dissatisfied by the order passed by the District Forum, the appellant preferred twenty-one appeals before the Andhra Pradesh Consumer Disputes Redressal Commission (for short, 'the State Commission'). The State Commission after analysing the materials brought on record opined that the investigator could not be relied upon as the investigation had been completed after six months from the date of occurrence; that the report of the investigator could not be said to have been based on any material worthy of verification; that since it was the carrier who had undertaken to deliver the goods at Assam, it was they who are responsible to give reasons as to how, when and where the goods were transshipped and in what condition the goods were delivered; that the length and net weight of AAAC wire was mentioned on each drum and also dispatch documents and the respondent No.2, that is, the carrier company had issued Exhibit A-3 (lorry receipts) wherein cross reference to the invoice and delivery challan numbers were given which clearly established the fact that the complainant had dispatched as per the said Exhibit; that since the persons present at the site at the relevant point of time i.e. unloading, were the drivers, there was no reason to disbelieve their endorsements, specifically when the documents, viz., Exhibits A-25 and 27 confirm the shortage on 25.04.1998 in 109 drums; that the finding of the District Forum that the complaint was not maintainable due to non-joinder of necessary party, that is, PGCIL, was not correct and the complaint could not have been dismissed on that score; that the report of the surveyor, that is, Exhibit A-12 was bas