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C.VISWANATH
Tarun Parekh – Appellant
Versus
Divisional Manager, Oriental Insurance Co. Ltd. – Respondent
ORDER
C. Viswanath, Presiding Member.—This Appeal is filed against the order dated 12.12.2014 of the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred to as “the State Commission”) in Consumer Complaint No. 225/2012.
2. The Complainant/ Appellant is a proprietor of M/s Britolite Industries, engaged in trading business of acrylic sheets, off cut and rod in wholesale and retail market. The Complainant took Standard Fire and Special Peril Policy No. 121700/11/2012/155 from the Opposite Party/ Respondent Insurance Company to insure his godowns situated at 10, Qureshi Compound, Near Himalaya Hotel, S.V. Road, Jogeshwari (West), Mumbai – 400102 and at 50, Ashirwad Industrial Estate, Building No. 5, Ram Mandir Road, Goregaon (West), Mumbai -400104, valid from 10.05.2011 to 09.05.2012.
3. The case of the Complainant/Appellant is that on 19.10.2011, fire broke out in the godown at 10, Qureshi Compound, Near Himalaya Hotel, S.V. Road, Jogeshwari (West), Mumbai – 400102 belonging to the Complainant. The Complainant informed the fire brigade as well as
Surveyor Report - report submitted by a Surveyor is an important piece of evidence and has to be given due weight, though it is not sacrosanct and can be ignored, provided there is cogent evidence ot....
(1) Hearsay – No documentary evidence in regard to financial stress of the insured has been brought on record and this assertion is merely a hearsay.(2) Sampling – A mere sampling of some bills canno....
Approved Surveyor’s assessment is necessary for a claim – There is no reason to reject Report of Surveyor Target Surveyor which inspire confidence of Bench.
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Report of surveyor is an important document and a basis for consideration of the claim.
The court emphasized the significance of a survey report in insurance claim disputes and affirmed that claims must align with properly assessed loss evaluations.
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