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INDER JIT SINGH, SUDHIR KUMAR JAIN
Oriental Insurance Co. Ltd. – Appellant
Versus
Kamaljit Singh – Respondent
JUDGMENT
Dr. Sudhir Kumar Jain, Member.—Briefly stated relevant facts of the case are that the respondent/the complainant/Kamaljit Singh (hereinafter referred to as “the respondent””) is the registered owner of the truck bearing registration no PBO7 BQ 1136 (hereinafter referred to as “the vehicle”). The respondent was plying said vehicle for his self-employment and livelihood. The vehicle was insured with the petitioner No. l /opposite party No. 1 /the Oriental Insurance Company Limited (hereinafter referred to as “the petitioner No. 1”) through the petitioner no 2 vide insurance policy number 242596/31/2019/TMC/26889 dated 21.07.2018 which was valid for the period from 21.07.2018, to 20.07.2019. The respondent paid the premium regularly. The vehicle in the month of January 2019 met with an accident in the State of Madhya Pradesh. The respondent informed about the incident promptly intimated to the petitioner No. 2 and submitted requisite documents. The petitioner No. 2 submitted their report but no Daily Diary Report (DDR) or First Information Report (FIR) was registered with regard to accident by the local police as the accident involved only the overturning of the vehicle and no
National Commission in exercise of revisional jurisdiction cannot re-appreciate evidence led by parties like appellate Court.
Court upheld the validity of the surveyor's report in determining insurance claims, emphasizing evidence over insurer claims of misrepresentation.
The insurance company's surveyor's assessment governs the claim under the Consumer Protection Act in instances of dispute over damages.
The burden of proof lies with the insurer to justify claim repudiation, and lack of supporting evidence leads to a judgment in favor of the claimant.
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
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 require reliance on duly substantiated surveyor reports, which can be contested by valid evidence from the insured parties.
Report of Surveyor cannot be simply brushed aside.
(1) Limited Scope of Revisional Jurisdiction – The NCDRC, under Section 21(b) of the 1986 Act (pari materia to Section 58(1)(b) of the 2019 Act), cannot act as a second court of appeal. It cannot int....
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