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AVM J. RAJENDRA
Sanjib Kumar Behera – Appellant
Versus
Divisional/Regional Manager, ICICI Lombard Geneal Insurance Co. Ltd. – Respondent
ORDER
This Revision Petition No. 1196 of 2021 challenges the order of Odisha State Consumer Disputes Redressal Commission, Cuttack (‘State Commission’) dated 30.08.2019, vide which, the learned State Commission disposed of the Appeal No.49/2018 filed by the Insurance Company and the Appeal No.221/2018 filed by the Petitioner/Complainant by modifying the District Consumer Disputes Redressal Forum, Keonjhar (‘District Forum’) order dated 03.01.2018 in C.C. No.36/2016 and directed the Insurance Company to pay Rs.90,000/- to the insured towards settlement of the claim and affirming the rest part of the order of the District Forum.
2. As per report of the Registry, there is 754 days delay in filing this Revision Petition. For the reasons stated in IA No.10785 of 2021, the Revision Petition is treated to have been filed within limitation.
3. Brief facts of the case, as per the Complainant, are that he purchased a Mahindra Scorpio vehicle insured with the OPs from 29.04.2013 to 28.04.2014. The vehicle met with an accident on 13.03.2014 during the subsistence of the policy. He informed the OPs about the accident, who deputed a surveyor to assess the loss. The surveyor conducted the assessm
The insurance company's surveyor's assessment governs the claim under the Consumer Protection Act in instances of dispute over damages.
(1) No cause is forthcoming to disregard or dismiss the self-contained self-speaking survey Report.(2) Insurance Co. settled the claim in consonance with its Surveyor’s Report.
Report of Surveyor cannot be simply brushed aside.
Court upheld the significance of a surveyor's report in assessing insurance claims, emphasizing adherence to policy conditions regarding total loss determinations.
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
“Compensation in insurance claim are subject to terms and conditions of policy.”
Surveyor – The report submitted by a duly appointed surveyor is an important piece of evidence that must be given due weight, though it is not sacrosanct and may be disregarded if there is cogent evi....
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