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INDER JIT SINGH, SUDHIR KUMAR JAIN
Branch Manager, National Insurance Co. Ltd. – Appellant
Versus
Vishal Anand – Respondent
ORDER
Sudhir Kumar Jain, Member—Briefly stated relevant facts as appearing from the record are that the respondent/the complainant/Vishal Anand (hereinafter referred to as ‘the respondent’) was engaged in the business of various types of goods particularly in solar panels, solar batteries, solar lanterns, home lighting system, garden lights and street lights etc. under the name and style of M/s. Musireca System House which was a proprietorship firm situated at 315, Rajendra Nagar, Kunwar Singh Road, Mango, Jamshedpur. The respondent insured the entire business and stock with the petitioner/the opposite party/National Insurance Co. Ltd. (hereinafter referred to as ‘the petitioner’) for a sum of Rs.14,00,000/- vide policy bearing No. 170103/31003112/2002 dated 12.11.2002 which was valid from 12.11.2002 to 11.11.2003. The respondent paid the premium regularly and without any default. The petitioner as per terms and conditions of the policy was liable to pay the policy amount to the respondent in the event of any loss or damage to the properties/assets of the business caused due to any natural or unwarranted mis-happening. The respondent suffered a loss amounting to Rs.14,00,000/- due t
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.
(1) Privity of contract - It is also well settled that provisions of Consumer Protection Act, 1986 are not applicable as the appellant-complainant ceases as per the Act and the privity of the contrac....
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 justly, with surveyor reports not being conclusive and subject to scrutiny.
Corroboration of Evidence – The surveyor is an expert and its report stands on the footing of expert evidence and has to be corroborated with other evidence on record, in order to examine bonafide / ....
IMPORATNT POINT Appointment of Surveyor – Insured can also appoint a Surveyor or loss accessor.
Insurance Policy – Fire in Insured Premises – For a surveyor’s report to be declared unacceptable, it is essential that it should be shown to be perverse & arbitrary.
Insurance companies cannot avoid liability by citing external compensations, and second surveyors must be appointed with regulatory oversight.
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