J. RAJENDRA
Narayan S/o. Hazari Lal Suwalka – Appellant
Versus
Punjab National Bank – Respondent
ORDER
This Revision Petition No.363 of 2017 challenges the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (‘the State Commission’) order dated 08.11.2016 which partially allowed FA No. 187/2015 and reduced the quantum of compensation awarded by the District Consumer Disputes Redressal Forum, Bhilwara, Rajasthan (‘the District Forum’) vide order dated 06.01.2015 in CC No. 166/2013.
2. For convenience, the parties are referred to as placed in the original Complaint before the District Forum.
3. Brief facts of the case, as per the Complainant, are that a fire incident occurred on 19.01.2013 due to a short circuit which destroyed his stock of cattle feed, machinery, and business records. The incident was promptly reported to police, fire brigade, and insurance company. All necessary documents, including stock statements approved by the bank and duplicate purchase bills for cattle feed worth Rs.3,58,330/-, were submitted to the surveyor. Despite submitting all documents required, the claim was arbitrarily settled for a meagre Rs.36,700/- without proper justification. The assessed stock value was Rs.7,94,000/- as verified by the bank on 07.01.2013, and subsequent purchases m
United India Insurance Company Ltd. vs. N.T. Babu
New India Assurance Co. Ltd. vs. Protection Manufactures Pvt. Ltd.
Sri Venkateshwara Syndicate vs. Oriental Insurance Company Limited (2009) 8 SCC 507. (Para 13)
Insurance claims require reliance on duly substantiated surveyor reports, which can be contested by valid evidence from the insured parties.
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.
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
(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....
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
Due important to report of surveyor has to be given.
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