A surveyor's report is not sacrosanct or the final word in insurance claims; deductions made by a surveyor must be based on evidence and cannot be arbitrary or contradictory to the findings recorded in the report itself.

JUSTICE ANOOP KUMAR MENDIRATTA, MEMBER

ORDER

1. The present revision petition has been preferred on behalf of the opposite party/New India Insurance Co. Ltd. challenging Order dated 15.11.2017 passed by the learned State Commission in appeal no. 154 of 2015 whereby State Consumer Disputes Redressal Commission, Bihar Patna partly allowed the appeal by the Insurance Company/Opposite Party. The claim towards the loss awarded by the District Forum was reduced from Rs. 14 lakhs (Rs. 14,00,000/-) to Rs. 10 lacs (Rs. 10,00,000/-), payable within two months, failing which the awarded amount shall carry interest @ 9% p.a. from the date of filing of complaint till realization.

2. Petitioner and respondent are hereinafter referred to as opposite party and complainant respectively, as appearing in the complaint, for convenience.

3. In brief complainant/respondent is proprietor of Basantjit Oil Extraction situated at Sasaram and dealing with manufacturing of oil from bran. Complainant had taken a Standard Fire and Perils Policy from the opposite party/lnsurance Company for the period 21.05.2009 to 20.05.2010. On 13.06.2009 on account of sudden storm, rain water entered the premises of the complainant and caused damage to the stocks and raw material. The incident was intimated to the bank as well as Insurance Company/opposite party on 15.06.2009, consequent upon which a surveyor was deputed to assess the loss. However, since the claim was not settled by the Insurance Company for about three years, a complaint was preferred before the District Forum.

4. As per the case of Insurance Company surveyor submitted his assessment report dated 26.03.2010 assessing the loss at Rs.3,05,226/- Further the Insurance Company was willing to settle the claim on the basis of survey report but the complainant denied the settlement.

5. The complaint was allowed by the Ld. District Forum Sasaram, Rohtas, Bihar vide Order dated 07.05.2015 awarding sum of Rs. 14,00,000/- with interest @ 9% p.a. from the date of Order till payment. Aggrieved against the same appeal was preferred by the opposite party/insurance company before the learned State Commission wherein the Order passed by the learned State Commission was modified and compensation was reduced to Rs. 10,00,000/- as already noticed above.

6. The reasons recorded by the learned State Commission in impugned Order dated 15.11.2017 in paras 4 to 7 may be reproduced for reference:-

“4 Heard the counsels for the parties. Perused the materials available on record along with the impugned order as well as the survey report in detail.

5 Admittedly, the finished and unfinished stocks, Motor & Machinery and the building of the premises/factory dealing in manufacturing of oil from bran of the Complainant running in name of M/s Basant Ji Oil Extraction situated at Bajala, Sasarm, Rohtas was insured with the appellants Insurance co. for total sum of Rs.3.30,000,OO-/(Three crores thirty lacs) only was financed by the PNB Sasarm and the incident of cyclone and heavy rain caused to damage the stocks as well as machinery and part of building occurred on 13-06-09 is not in dispute. The appellants Insurance co. ready to pay the amount of loss as assessed by the Surveyor to the tune of Rs.03,05,226/- against the total insurance claim of the complainant worth Rs.14,30,688/-.

6. It appears from the survey report dt. 26-03-10 that the complainant after intimating incident of loss due to heavy rain and cyclone to the Insurance co, timely, submitted all the related documents and the surveyor after taking in to consideratio