SUBHASH CHANDRA, SADHNA SHANKER
United India Insurance Co. Ltd. – Appellant
Versus
Raghava Ispat – Respondent
ORDER
Subhash Chandra, Presiding Member.—This first appeal under Section 19 of the Consumer Protection Act, 1986 (in short, ‘the Act’), challenges the order dated 03.03.2017 of the Telangana State Consumer Dispute Redressal Commission, Hyderabad in CC No. 39 of 2010, allowing the complaint and directing the opposite party (appellant herein), to pay the respondent a sum of Rs 29,07,000/-, together with interest @ 9% from the date of repudiation (19.11.2008) till realization, together with costs of Rs 3,000/- within 4 weeks.
2. The delay of 179 days in the filing of this first appeal was considered in the light of IA 15483 of 2017, and for the reasons stated therein, the delay was condoned in the interest of justice.
3. We have heard the learned counsel for both the parties and produced the records carefully.
4. The relevant facts of this case, in brief, are that the appellant is engaged in the business of rolling steel making and for this purpose it has a plant to manufacture MS ingots. The respondent obtained a Standard Fire and Special Perils policy (in short, ‘the Policy’) for the period 16.05.2008 to 15.05.2009 to cover the building, plant and machinery in the insured premises o
Suraj Mal Ram Niwas Oil Mills (P) Ltd. vs. United India Insurance Co. Ltd.
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.
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 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....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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.
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
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....
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