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15. On perusal, we find that the Surveyor in his Final Survey Report dated 03.08.2015 has assessed/estimated the loss to the tune of Rs.49,30,918/-. Further, it is noted that the claim was settled vide settlement letter dated 30.07.2015, and the Complainant had accepted the claim to the tune of Rs.49,25,000/-.

16. However, subsequently, an Addendum survey report dated 24.09.2015 has also been submitted by the surveyor, wherein the surveyor without any detailed justification settled the claim to the tune of Rs.45,96,916/-.

17. On comparing the reports, we find that both reports are in contradiction with each other. The final survey report has covered the detailed examination of all the facts. However, the Addendum survey report was provided on a stray observation, therefore, cannot be admitted in the present case.

18. Further, we deem it appropriate to refer to the case of National Insurance Company Ltd. Vs. Hareshwar Enterprises (P) Ltd. & Ors. reported in 2021(226) AIC 179, wherein the Apex court has held as under:

24.09.2015, observed that the claim in the present case is admissible to the extent of Rs.45,96,916/-. However, no reliable evidence has been placed on record by the Opposite Party or the Surveyor to rebut the contents of the surveyor's report in its Addendum Survey Report.

20. In the given facts and circumstances, we hold that the Opposite Party was not justified in deducting the claim of the Complainant on the basis of Addendum survey report and the Complainant is entitled to be indemnified for the losses to the extent of Rs.3,28,084/- (Claim settled by the parties - Claim released by the Opposite Party i.e. Rs.49,25,000 - Rs.45,96,916). Hence, the Opposite party is liable for deficiency of service on its part.