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DEEPA SHARMA
Oriental Insurance Co. Ltd. – Appellant
Versus
Soma Block Prints Pvt. Ltd. – Respondent
ORDER
Deepa Sharma, Presiding Member—The present complaint has been filed against the order of the State Commission dated 14.11.2017 whereby the complaint of the respondent being complaint no. 37 of 2012 was allowed.
2. The undisputed facts of the case are that respondent is a company incorporated under the Companies Act having its registered office at Soma House, Khatipura, Jaipur and had filed the complaint before the State Commission through the Authorised person. The respondent / Company ( hereinafter referred to as ‘insured’) who has filed the complaint before the State Commission was selling product in the name of “Soma Shop” and was having one of his shop at K/44, Connaught Place, opposite Plaza Cinema, New Delhi. The insured obtained a policy from the Appellant / Insurance Company (hereinafter referred to as ‘Insurer’ ) for the period 01.04.2010 to 31.03.2011 covering all the risks of arson, fire break, terrorist activities, earth quake etc at an insurance premium of Rs.7807/- and insured stocks worth Rs.40,00,000/-, furniture with all fittings worth Rs.3,00,000/- and other contents worth Rs.5,00,000/- and thus insured total property of Rs.48,00,000/-. The policy no. 243308
(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....
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
(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....
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....
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.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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 / ....
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
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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