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R.K.AGRAWAL, S.M.KANTIKAR
Tirupati Vinyl India Private Limited – Appellant
Versus
United India Insurance Company Limited – Respondent
ORDER
The present Appeal has been filed against the Order dated 07.05.2013 passed by the State Consumer Disputes Redressal Commission, Rajasthan at Jaipur (hereinafter to be referred to as “State Commission”), whereby the Complaint filed by the Complainant was partly allowed and the Respondent was directed to pay Rs.16,40,262/- to the Complainant, being the full and final settlement after loss assessed by M/s Apex Assessors Pvt. Ltd./ the Second Surveyor. The Respondent was also directed to pay interest @9% on the above amount from 01.06.2010 till date of realisation along with Rs.1,00,000/- payable towards mental agony and hardships.
2. Brief facts of the case as narrated in the Complaint are that the Complainant, a company incorporate under the Companies Act, 1956, is engaged in the business of manufacturing and selling of products made from plastic. Complainant had taken a “Standard Fire and Special Perils Policy” bearing Policy No. 140400/11/09/11/00000627 from the Respondent, United India Insurance Company Limited (hereinafter referred to as the Insurance Company) for a sum of Rs.1,00,00,000/- from 26.08.2009 to 25.08.2010 for covering risk of “storage of Non-hazardeous goods
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
(1) Insurance company cannot arbitrarily appoint surveyors claim to the insured.(2) It is within the purview of the insurance company to accept or reject surveyors’ assessment, but valid reasons need....
(1) Claim - The surveyor certainly was required to submit his claim within 30 days and in any circumstance submit its report within 30 days and extension can only be sought with information to the in....
Report of surveyor is an important document and a basis for consideration of the claim.
(1) Malafide intention - It appears that with some malafide intention, the Surveyor has rejected some of the genuine claims made by the Complainant.(2) Imaginary thoughts - The Surveyor ought to have....
Second Surveyor – In the present case, there no valid reasons are stated for the appointment of the second surveyor. There is nothing to suggest that the first surveyor’s report to be arbitrary or th....
Insurers must appoint qualified surveyors and provide just compensation based on thorough assessments; arbitrary alteration of surveyor findings by consumer commissions is impermissible.
The insurer must resolve claims in a timely and fair manner, supported by adequate documentation, as upheld by the Consumer Protection Act.
Surveyor – It is mandatory for the Insurer to appoint a surveyor for assessment of loss, exceeding Rs.25000/- under Section 68 UM of Insurance Act, 1938. Bonafide/malafide – The surveyor is an expert....
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