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SUBHASH CHANDRA
United India Insurance Co. Ltd. – Appellant
Versus
Khadi Udhyog – Respondent
ORDER
This First Appeal under Section 51 of the Consumer Protection Act, 2019 (in short, the ‘Act’) is in challenge to the order dated 21.12.2021 of the State Consumer Disputes Redressal Commission, Haryana, Panchkula (in short, the ‘State Commission’) in Complaint Case No. 638 of 2018 allowing the complaint.
2. The delay of 67 days in the filing of this complaint is condoned for the reasons stated in the application for the condonation of delay in the interest of justice.
3. Briefly put, the relevant facts of the case are that the Respondent/ Complainant had availed a Standard Fire and Special Perils Policy (the ‘Policy’) covering the risk for machinery, stocks and building from the appellant insurance company for the period 23.12.2015 to 22.12.2016. In the intervening night of 29-30.04.2016 a fire broke out in the insured premises allegedly due to a spark from the generator. The Fire Brigade was informed and the fire was controlled after considerable effort. The Appellant/Insurance Company was intimated about the incident on 30.04.2016. The Appellant appointed Royal Associates, Investigating and Detective Agency to investigate the alleged incident of fire and cause of fire. On the b
Insurance Policy – Fire in Insured Premises – For a surveyor’s report to be declared unacceptable, it is essential that it should be shown to be perverse & arbitrary.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
(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....
Approved surveyor’s report - the approved surveyor’s report may be basis or foundation for settlement of a claim by the insurer in respect of the loss suffered by the insured but surely such report i....
Report of surveyor is an important document and a basis for consideration of the claim.
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....
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.
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