IMPORTANT POINT
Report of Surveyor has to be given due weightage.

J. M. Malik, Presiding Member—Mr. Shankarlal Virji Thakkar, Proprietor of M/s. S.V. Agro Traders, Thane (W), the complainant, carries on business and has a godown. He had obtained an insurance policy from the United India Insurance Co. Ltd., the OP, in the sum of Rs.25,00,000/-. There were floods during 26th and 27th July, 2005 and water entered into the godown of the complainant firm damaging his grocery goods. According to the Surveyor, the complainant had suffered a loss in the sum of Rs.15,73,484/-. The complainant accepted the said amount, but under protest. Thereafter, he filed a consumer complaint with the District Forum.

2. The District Forum awarded the difference amount of claim in the sum of Rs.9,26,516/-, i.e., (Rs.25,00,000/- minus Rs.15,73,484/-), along with interest @ 10% p.a. It also granted compensation in the sum of Rs.10,000/- towards mental agony and Rs.5000/- as costs.

3. The State Commission allowed the appeal filed by the OP-insurance company and came to the conclusion that the petitioner/ complainant had accepted a sum of Rs.15,73,484/- in full and final settlement of the claim.

4.The complainant has filed this revision petition before us. It has reproduced the details of the Voucher, Annexure P-2, which reads as under :-

“Settlement Intimation Voucher

Claim No. 120802/11/06/90000005, Sl.No.1

60/Direct Business

9/Varsha H. Thakkar, Ph.No. 25414167, PAN No. ADBPT 0940 N

Received from United India Insurance Co. Ltd., the sum of Rupees Fifteen Lakh Seventy three thousand four hundred eighty four only

Which I/we agree to accept in full and final discharge of my / our claim upon the company under policy No.Rs.120802/11/04/0000016 in respect of S.V. Agro Traders

15,73,484.00

Accepted under protest

Signature : S.V. Agro Traders, Proprietor

Please affix Rubber stamp of

issuing office address(Sign across the revenue Stamp)

Account payment disbursed : Rs…..

Address of Insured

A/c. S.V. Agro Traders

Gala No.63, 64,65,66, Maruti Compound”.

5. The words “accepted under protest”, find no place in the judgments of the fora below. Although this document appears to be of doubtful nature but our doubts were cleared by the admission of the counsel for the respondent –Insurance Company that it is the correct document.

6. Counsel for the petitioner has quoted out the following points mentioned in the Survey report :-

“5.10. After the Panchnama was conducted, insured started loading the goods in trucks for disposal in our presence.

5.11 On the first day itself, 501 affected bags were loaded and taken for destruction.

5.12. In subsequent four days, the loading and destruction of all the affected stock was completed.

5.23. The rates were verified from the purchase bills.

5.24. While considering the rates for assessment, we have checked from the market prices of few items, and it was observed that there was a fluctuation in prices to the extent of 8 to 10% and to be on fair side, we have reduced the purchase rates by 15% from all the items and accordingly value of stock is worked out.

5.26. In view of the undamaged top layers in stocks, we have considered only 80% of the value of stock as affected due to flood waters.

8.01 Stock was valued at cost as per purchase bills. All purchases were within last three months. Due deduction of 15% is applied in view of the fluctuating market prices of these commodities.

8.03 The total value of stock lying in godown No.64, at the time of loss worked out to Rs.20,84,438/-”.

7. The report of the Surveyor appears to be quite reasonable and just. There is no evidence whatsoever to 501 affected bags + other bags which were not counted. Those bags must have fetched some amount. There is no reason to discard the report of the Surveyor. It is a balanced report. It has considered all the factors. It is well settled that the report of the Surveyor has to be given due weightage in view of the celebrated authorities of the Hon’ble Apex Court reported in United India Insurance Co. Ltd. V