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R. K. AGRAWAL, DINESH SINGH
United India Insurance Co. Ltd. – Appellant
Versus
Asian Agro Industries – Respondent
ORDER
These two cross First Appeals arise out of the Order dated 31.10.2012 passed by the State Consumer Disputes Redressal Commission, Punjab at Chandigarh (hereinafter to be referred to as the ‘‘State Commission’’) in Consumer Complaint No. 33 of 2007. By the Impugned Order, while partly allowing the Complaint filed by the Appellant in First Appeal No. 42 of 2013/Complainant in the Complaint, the State Commission has directed the United India Insurance Company Ltd./Opposite Party in the Complaint (hereinafter referred to as the “Insurance Company”) to pay a total sum of Rs.8,27,082/- to the Complainant towards the loss suffered by it on account of fire incident at the insured premises.
2. Since both the Appeals emanate from the same Impugned Order and between the same Parties, these are being disposed of by this Common Order.
3. Briefly put, the material facts, giving rise to the filing of the present Appeals, as culled out from the Complaint, are that the Complainant Company obtained two Insurance Policies from the Opposite Party No.2 Insurance Company. One Policy was taken
(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....
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....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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....
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....
The insurer must resolve claims in a timely and fair manner, supported by adequate documentation, as upheld by the Consumer Protection Act.
Report of surveyor is an important document and a basis for consideration of the claim.
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