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K.S.GUPTA, R.K.BATTA
WHIRLPOOL OF INDIA LTD. – Appellant
Versus
NEW INDIA ASSURANCE COMPANY LTD. – Respondent


Advocates Appeared:
Mr. Sanjeev Narula and Mr. Ashish Sharma, Advocates, for the Appellant; Mr. Maibam N. Singh for Mr. Joy Basu, Advocates, for the Respondent

ORDER

K.S. Gupta, Presiding Member - Vide common order dated 24.3.2004, O.P. Nos. 355 of 2001, 356 of 2001, 357 of 2001 and 358 of 2001 which we propose to dispose of by this order, were dismissed by this Commission and against that order of dismissal the complainants had filed Civil Appeal Nos. 4359 of 2004, 4406 of 2004, 4453 of 2004 and 4435 of 2004. By the order dated 20.8.2009, the Supreme Court has remanded the complaints for fresh decision holding

"The facts of the case have been mentioned in detail in the impugned judgment and hence we are not repeating the same. It appears that there were 3 Surveyors who were appointed by the respondent-Insurance Company who submitted their reports. The first two survey reports were in favour of the appellant company while the third and last survey report was against the appellant company.

From the impugned judgment of the NCDRC it is clear that the first two survey reports were not properly considered by the NCDRC and no reasons have been recorded as to why these two survey reports were being rejected and the third report alone has been accepted.

It is true that a Judge can certainly reject a piece of evidence, but then he must give his reas

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