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J. RAJENDRA, ANOOP KUMAR MENDIRATTA
United India Insurance Co. Ltd. – Appellant
Versus
Atul Metal Industries – Respondent
ORDER
Anoop Kumar Mendiratta, Member—Present revision petition has been preferred on behalf of the Insurance Company/(opposite party in the complaint), assailing Order dated 29.09.2017 passed by the Ld. Consumer Disputes Redressal Commission, Gujarat in Appeal No. 281 of 2011.
2. In brief, Complainant who was doing business of manufacturing of gas kits and oil engines etc., purchased a ‘Standard Fire & Special Peril Policy’ on 22.03.2002 from the Opposite Party namely United India Insurance Co. Ltd., in respect of stocks in process and stock in go-down and two other policies covering the workshop, building, plant and machinery. During the currency of the policy on 11.04.2002 on account of accidental fire in the factory there was heavy loss of raw-material, manufactured material, aluminum, leather, machinery as well as the building in which factory was being run. The accidental fire was also reported to the police. On being informed, Sh. R.J. Jajpuira Kiraj, was appointed as surveyor for assessment of loss by the Insurance Company. Surveyor assessed the loss to the tune of Rs.2,87,000/- vide survey report dated 25.06.2002. The same was offered by the Insurance Company to the complaina
Approved Surveyor’s report may be foundation for settlement of claim by Insurer but such report is neither binding upon insurer or insured.
Insurance claims must be assessed justly, with surveyor reports not being conclusive and subject to scrutiny.
Report of Surveyor which inspires confidence of Bench, cannot be rejected.
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.
Surveyor's report on loss assessment is definitive unless credibly challenged; insurer's actions were not deemed deficient.
Commercial entities are consumers under the Consumer Protection Act, and the credibility of surveyor assessments is upheld unless disproven.
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