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B. SUDHEENDRA KUMAR, AJITH KUMAR. D, RADHAKRISHNAN. K. R.
Oriental Insurance Co. Ltd. – Appellant
Versus
B. Sadasivan – Respondent
JUDGMENT
B. Sudheendra Kumar, President.—The appellants are the opposite parties and the respondent is the complainant in C.C. No. 110/2015 on the files of the District Consumer Disputes Redressal Commission, Kasaragod (for short “the District Commission”).
2. The shop of the respondent was insured with the appellants for an amount of Rs. 17,00,000/- (Rupees Seventeen Lakh only) under a fire insurance policy. On 19.08.2014 at about 3.50 am, there occurred a fire in the furniture shop of the respondent due to electric short circuit and as a consequence, damage was sustained to the furniture of the respondent. The fire was immediately controlled. An IRDA approved surveyor was appointed for assessing the loss sustained by the complainant and the surveyor after assessment submitted a report stating that the loss to the tune of Rs. 1,57,000/- (Rupees One Lakh Fifty Seven Thousand only) was sustained by the respondent in the occurrence.
3. The appellants filed version admitting the policy coverage during the period in question. However, they would contend that the surveyor had assessed the loss at Rs. 1,57,452/- (Rupees One Lakh Fifty Seven Thousand Four Hundred and Fifty Two only) and h
Insurance Policy – Fire Insurance – Insurer not liable to pay any amount over & above the amount paid towards policy
Insurance – Storage of goods in extended portion of shop is in violation of terms and conditions of insurance policy.
Both interest and compensation for mental agony cannot be awarded.
(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 report The surveyor report is not based on legally justiciable reasons and facts and cannot be relied upon, being arbitrary and perverse.
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