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SUBHASH CHANDRA
Aggarwal Earth Movers Pvt. Ltd. – Appellant
Versus
National Insurance Co. Ltd. – Respondent
ORDER
Subhash Chandra, Presiding Member—This revision petition is filed under section 21(b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) assails the order of the State Consumer Dispute Redressal Commission, Haryana, Panchkula (in short, ‘State Commission’) in First Appeal No. 537 of 2006 dated 27.07.2012 dismissing the appeal against the order of the District Forum, Faridabad (in short, ‘District Forum’) in Consumer Complaint No.300 dated 12.07.2005.
2. The brief facts of the case are that the petitioner is a private limited company engaged in the business of providing excavator and allied services. A Tata Hitachi excavator 2572 (model 2000) hypothecated to M/s Ashok Leyland was insured by the petitioner for Rs.30,00,000/- vide policy no.2000/6311253 dated 11.01.2001 after paying premium of Rs.24,640/- with the respondent for the period 13.01.2001 to 12.01.2002. While working in a canal at Naseeti, District Mathura, UP on 05.01.2002 the excavator accidentally sank in the canal. The respondent was informed of the incident by the petitioner on 05.01.2022 and it deputed a surveyor/loss assessor, Shri M.K. Aggarwal, on 07.01.2002 who submitted a spot survey report on 10.0
Non Consideration of Bills - The State Commission did not consider the fact that the petitioner had filed the bills on the lifting of the excavator from the canal utilising hired cranes and repairs t....
“Concurrent Findings of Fora below not to be interfered with normally.”
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
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.
Damage to vehicle in accident – Surveyor is duty bound to properly calculate loss occurred to insured vehicle.
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
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