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SUBHASH CHANDRA, J. RAJENDRA
Leather Line Tanneries Pvt. Ltd. – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
JUDGMENT
AVM J. Rajendra, AVSM VSM (Retd.), Member—The present Consumer Complaint has been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) against the Opposite Parties and sought the following reliefs:
a. That Complainant be graciously allowed and the opposite party No. 1 be directed to settle and pay the claim of the Complainant to the extent of Rs.11.93 Crores i.e. Rs.13.50 Crores (Rs. Eleven Crores and Ninety-Three lacs, being amount in claim, reduced by Rs.1.57 Crores on account of the amount, already paid as interim amount by the OP-1 on account of the Complainant to OP-2).
b. That the Complainant be graciously allowed additional damages to the extent of Rs.6.00 Crores (Rs. six Crores) on account of loss of profits (future profits) suffered by the complaint on account of facts and circumstances stated hereinabove against opposite party No.1.
c. That the Complainant be graciously allowed with additional relief in the form of compensation and damages to the extent of Rs.5.00 Crores (Rs. five Crores) on account of loss suffered by the complaint on account of willful and arbitrary non settlement of the claim by the opposite party No. 1 and r
Surveyor – The assessment made by a surveyor holds significant importance.
(1) Adverse Claim – The law mandates that a party confronted with an adverse claim must voice its opposition; failure to do so results in a deemed acceptance of the allegations or facts asserted agai....
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....
Insurance claims must be assessed based on fair and contractual standards, avoiding arbitrary deductions.
(1) Specific Law - It is settled law that the remedy under the Consumer Protection Act is an additional remedy and is not curtailed due to any specific law.(2) Arbitration clause - Arbitration clause....
Insurance companies must provide substantial proof when denying claims; unjust repudiation leads to enforceable obligations to pay agreed amounts.
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.
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
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