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BINOY KUMAR, SAROJ YADAV
Kamla Devi – Appellant
Versus
Iffco Tokyo General Insurance Company Ltd. – Respondent
ORDER
Saroj Yadav, Member—The present Revision Petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 (for short the Act) by Kamla Devi (hereinafter referred to as Petitioner/Complainant) against IFFCO TOKYO General Insurance Company Ltd., through Its G.M. (hereinafter referred as Respondent/Opposite Party/Insurance Company), assailing the Judgment and Order dated 02.01.2019 passed by the learned Himachal Pradesh State Consumer Disputes Redressal Commission, Shimla (hereinafter referred to as the State Commission) in F.A No. 177/2017, wherein the learned State Commission partly allowed the appeal and modified the judgment and order dated 14.03.2017 passed by the learned District Consumer Disputes Redressal Forum, Shimla (hereinafter referred to as the District Forum) in CC/58/2014.
2. Brief facts of the case are that the Complainant is the owner of a vehicle bearing no HP-63A-1350, insured with the Respondent under policy no.80874481 for Rs.5,38,118/- from 08.08.2012 to 07.08.2013. The vehicle was involved in an accident on 05.08.2013 and was extensively damaged. An FIR was filed, and the Complainant submitted a claim to the Respondent for the loss, with a
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....
The insurance company's surveyor's assessment governs the claim under the Consumer Protection Act in instances of dispute over damages.
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
Report of surveyor has to be accepted.
Court upheld the significance of a surveyor's report in assessing insurance claims, emphasizing adherence to policy conditions regarding total loss determinations.
(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.
(1) Surveyor Report - When licensed surveyors are appointed under the Insurance Act, their report cannot be pushed aside contending that there are no credible evidence supporting to Surveyor Report s....
Report of Surveyor cannot be simply brushed aside.
The assessment of damages in insurance claims must provide clear reasoning, and failure to do so invalidates reliance on a surveyor's findings.
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