ORDER

This petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 10.08.2009 of the State Commission in appeal no. 253 of 2009 arising out of the Order dated 10.11.2008 of the District Commission in complaint no. 199 of 2007.

2. Heard the learned counsel. Perused the material on record.

3. The issue relates to repudiation of an insurance claim.

The surveyor appointed by the insurance company (the petitioner herein) concluded its report dated 19.03.2007 by recording that “….it was not possible to verify the quantities, cost and value of items stolen and thus we are unable to assess or recommend the loss.”

The District Commission passed its Order dated 10.11.2008 on contest. Inter alia observing that “The OP without any loss of time lodged the report with the police who could not find any clue and gave untraced report. The complainant had given the list of articles to the police and the price of same was also calculated. The complainant has attached all the bill relating to purchase of articles and we are not going to make a total of these bills which must have been submitted with the OP also who found an excuse to reject the claim on the whims of