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SUDIP AHLUWALIA, ROHIT KUMAR SINGH
National Insurance Co. Ltd. – Appellant
Versus
Savitadevi Agrawal (Dead) Through LRs. – Respondent
ORDER
Sudip Ahluwalia, Presiding Member—These Revision Petitions have been filed against the common impugned Order dated 16.11.2017 passed by the Ld. State Consumer Disputes Redressal Commission, Maharashtra in Appeal Nos. 1026 of 2008 and 1027 of 2008, vide which an earlier Order of the Ld. District Forum was modified. As the Revision Petitions arise from the common impugned Order, therefore, the same are being disposed of by this common Order. However, for the sake of convenience, RP No. 727 of 2018 is treated as the lead case.
2. The factual circumstances leading up to the present Petition are that the Complainant, proprietor of M/s Maharashtra Rice Mill, operates a small-scale industrial unit at Bapabodi, Sakoli, Bhandara, and insured her rice Mill with the Opposite Party/Insurance Company, a subsidiary of General Insurance Corporation of India. The insurance, under cover note No. 09548/95 dated 09.02.1999, covered the rice Mill building, machinery, and stocks, valid until 08.02.2000 for a sum of Rs.10,00,000/-. The Policy document (No. 271303/99/11/04124) was issued on 06.08.1999, notably months after the claim incident. On 21.05.1999, during the Policy period, a cyclone and he
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
“Concurrent Findings of Fora below not to be interfered with normally.”
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.
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....
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....
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