M.B. Shah, President — The ques-tion for our decision in this case is whe-ther loss or damage caused to the machi-nery, accessories as well as the stock and stock-in-process lying within the factory premise of the Complainant by floods, is to be made good by the Insurance Com-pany on the basis of the survey reports submitted by either the first surveyor and/or the second surveyor. In this case, admittedly, the Insurance Company has appointed two surveyors to assess the damage caused to the machinery and stock.

2. The complaint is filed against National Insurance Company for not reimbursing the amount of loss suffered by the complainant due to heavy damage caused by flood on 18.10.1995, and has claimed Rs. 28,30,000/- with interest at the rate of 24% and Rs. 50.00 lakhs for damages.

3. Undisputedly the insurance policy was taken by the complainant and on intimation of loss to the Insurance Company a surveyor was appointed immediately who submitted his report on 30th November, 1995. It is contended by the Complainant that in any case the second survey report also fully supports the claim of the complainant, except that there was unjustifiable deductions by him In support of his cl