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DINESH SINGH, KARUNA NAND BAJPAYEE
Singal Udyog – Appellant
Versus
National Insurance Co. Ltd. – Respondent
ORDER
This appeal has been filed under section 19 of the Act 1986 in challenge to the Order dated 09.04.2018 of the State Commission in complaint no. 298 of 2017.
2. We have heard the learned counsel for the appellant (the ‘complainant firm’) and the learned counsel for the respondents no. 1 and no. 2 (the ‘insurance co.’). No one appears for the respondent no. 3 (the ‘surveyor’).
We have also perused the record including inter alia the complaint, the written version, the preliminary survey report dated 31.03.2016, the investigation report dated 26.06.2016 and the final survey report dated 04.07.2016 as well as the State Commission’s impugned Order dated 09.04.2018 and the memorandum of appeal.
3. The matter relates to repudiation of an insurance claim. As evinces from a perusal of the record the complainant firm had taken insurance to cover the risks of burglary and house breaking. Burglary took place in the insured premises in the intervening night of 12-13.08.2015. An FIR was lodged on 13.08.2015. The police could not trace the culprits and filed an ‘untraced report’ under section 173 of the Cr.P.C. Though the complainant firm had not mentioned details of the approximate quantit
Unclean hands - If a consumer does not approach the consumer protection fora with clean hands and clear conscience and indulges in unethical conduct of projecting fake claims just to exploit a situat....
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
Corroboration of Evidence – The surveyor is an expert and its report stands on the footing of expert evidence and has to be corroborated with other evidence on record, in order to examine bonafide / ....
Underinsurance assessed by Surveyor is arbitrary.
(1) Competent Authority repudiated the Claim on the ground of the Claim having been grossly inflated by fraudulent means.(2) Repudiation made by the Insurance Co. cannot be faulted.
Appointment of Third Surveyor – right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to ....
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
The insurer's repudiation of the claim was justified due to the complainant's non-compliance and exaggeration of loss, validated by surveyor reports.
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