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SUBHASH CHANDRA, J. RAJENDRA
National Insurance Co. Ltd. – Appellant
Versus
Ramesh Kanji Cham – Respondent
JUDGMENT
The Appellants/OPs filed the instant Appeal under Section 19 of the Consumer Protection Act, 1986 (“the Act”), against State Consumer Disputes Redressal Commission, Lucknow (“State Commission”) Order dated 30.04.2010 in CC No. 01/2006 allowing the Complaint.
2. As per the Registry report, there is 76 days delay in filing this Appeal. For the reasons stated in IA/02/2010, the delay is condoned.
3. For convenience, the parties in the present matter are being referred to as per position held in the Consumer Complaint.
4. Brief facts of the case, as per the Complainant, are that the Complainant is the owner of Motor Vessel “MIRAJ” utilized for self-employment in the shipping business, transporting materials between locations as per customer requirements. The Complainant adhered to the pre-requisite terms of Opposite Party (OP) Insurer by obtaining a valuation report for the vessel prior to obtaining insurance. Thus, M/s JB Boda Surveyors Pvt. Ltd. issued a report determining the market value at Rs.1,15,00,000 on 07.02.1996. Upon consideration of this valuation, OP Insurer issued policy No. 300506/22/08/4102748 for Rs.1,05,00,000 covering the period from 08.02.1997 to 07.02.199
Delay – The delay in settling the claim for the incident occasioned on 11.05.1997 after the lapse of over 5 years and 5 months verges to deficiency in service.
The acceptance of an insurance settlement under protest does not forfeit the right to pursue further claims, affirming the consumer's right amid shortcomings in service.
(1) Survey Report - The Survey Report is an important document and cannot be ignored while settling claims.(2) Coercive practice - Complainant has not issued the Discharge Voucher of his own free wil....
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....
Surveyor – The assessment made by a surveyor holds significant importance.
Report of surveyor is an important document and a basis for consideration of the claim.
The insurer must resolve claims in a timely and fair manner, supported by adequate documentation, as upheld by the Consumer Protection Act.
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
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