Skip to main content

Cannot go against surveyor report: Consumer forum

The Thane District Consumer Redressal Forum has pulled up the New India Assurance Company for refusing to accept an insurance claim of a businessman on the grounds that rainwater and not flood water had destroyed his goods.

Citing that the insurance company's defense to refuse claim on such technical grounds as unjust, the forum has directed the company to pay a compensation of Rs 20,000 and insurance of Rs 8.46 lakh at six per cent interest to Ajay Shivnani of M/s Satyam Distributors. His goods were destroyed in heavy rains in 2009. In his complaint, Shivnani told the forum that he took an insurance of Rs 15 lakh for goods stored in a warehouse between May 26, 2009 and May 25, 2010. Shivnani said despite his attempts to shift the goods to dry area, heavy rains on October 4 and 5, 2009 destroyed a huge chunk of goods estimated to be worth Rs 11.74 lakh.

The complainant immediately informed the insurance company, which on October 6, sent their investigator Surendra Kumar Kalra to verify Shivnani's claims. Kalra, in his report on October 26, 2009, accepted goods were destroyed in the rains but valued the loss of goods at Rs 8.46 lakh and not Rs 11.44 lakh as demanded by Shivnani.

The company, however, refused to pay the claim to Shivnani citing the above technical point.

The forum, after going through the insurance papers, said the company was not justified in raising such technical grounds when their own investigator had verified and accepted Shivnani's claim after which they passed the order.

Article referred: http://timesofindia.indiatimes.com/city/thane/Dont-refuse-claim-on-technical-grounds-Consumer-forum/articleshow/34341364.cms

Comment:
The above contention of the Ld. Forum appears to be opposed to the judgement of the Hon'ble Supreme Court in the Sri Venkateswara Syndicate vs Oriental Insurance Company, wherein the Hon'ble court clearly stated "under the Insurance Act, the assistance of a surveyor should be taken but the insurer was not bound to accept his opinion. The insurer can depute another surveyor and accept the latter view. The court would interfere only if the rejection of the survey report is arbitrary or malafide."

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...