The need for reasoned assessment by the surveyor and the requirement for the production of evidence, such as the insurance policy, to support claims and defenses.

ORDER

Arun Kumar Goel, President (Oral)- Heard learned Counsel for the parties and with their assistance record of the complaint file has also been examined. Insurance of the vehicle bearing registration No. HP-09A-0427 on the date of its accident, i.e. on 19.4.2004 in the sum of Rs. 2,50,000 is not in dispute between the parties. This vehicle met with accident near Sandhu, Tehsil Theog.

2. Appellant claims that he spent Rs. 61,761 on repairs and Rs. 7,000 as towing charges. Thus he claimed Rs. 68,761.38 the amount actually spent by him, besides Rs. 15,000 on account of visiting the office of the respondent-Insurance Company. In addition to these claims he also prayed for allowing interest @ 18% per annum, as well as litigation costs.

3. Defence of the respondent-Insurance Company was that the vehicle was a commercial transport vehicle meant for carriage of goods. Because one gratuitous passenger was travelling in it at the time of accident, respondent was not liable to indemnify on account of violation of the terms and conditions of the policy of insurance subject to which vehicle was insured by it. This resulted in filing of the complaint for the grant of above referred reliefs by the appellant.

4. District Forum below after considering the material before it, allowed a sum of Rs. 35,025 with interest after three months from the date of accident i.e. on 20.7.2004 till realization, along with Rs. 1,500 as litigation costs. This amount was payable within 45 days of the receipt of copy of the order by the respondent-Insurance Company.

5. Appellant wants enhancement and for that purpose he has filed this appeal. Whereas on the other hand respondent-Insurance Company is satisfied with the said order of the District Forum below passed in Consumer Complaint No. 114/2007 on 26.2.2008.

6. Mr. Sharma learned Counsel for the appellant submitted that after accident as well as after repair of vehicle his client had submitted the repair bills of repair as well as of towing charges to the respondent-Insurance Company, but those were not settled. Thus according to him amount awarded by the District Forum below needs to be enhanced from Rs. 35,025 to Rs. 68,761.38 paise with interest and cost and he prayed for accordingly. All these pleas were seriously contested and resisted by Mr. Tomar learned Counsel for the respondent. Per Mr. Tomar impugned order suffers from no infirmity because the decision given by the District Forum below in the complaint of the appellant is based on the report of the expert i.e. the surveyor. With a view to support his this submission, reliance was placed by him on Annexure R-1 filed alongwith the reply by his client. Mr. Tomar further submitted that surveyor is an expert in the branch of assessment of loss. Thus according to him, his (surveyor's) report has to be accepted and this Commission may not substitute its opinion for the same. Further according to him even if it be assumed for the sake of argument without conceding, that the appellant is entitled to enhancement of compensation, still the fact remains that sum of Rs. 7,000 towards towing charges and other expenses as detailed in the bill, the appellant is not entitled to any amount above Rs. 1,500 and he thus prayed for upholding the impugned order.

7. Before proceeding further it may be appropriate to observe, that no doubt surveyor is an expert of the branch of loss assessment. However if he wants his report to be accepted as an expert, he is supposed to give reasons for arriving at a conclusion while accepting/not accepting/partly accepting/partly not accepting the claim made by an insured like appellant before this Commission. These reasons have to be there howsoever brief those may be. Process of reasoning shows application of mind by the expert concerned and it lends credence to his opinion. When confronted with this situation, learned Counsel for the respondent could not explain as to what weighed with the surveyor when he gave report while disallowing/re