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6. Whether the plaintiff is entitled to get any relief or reliefs? Both the parties adduced oral as well as documentary evidences. Plaintiff's argument:

Mr. Chowdhury, the Learned Senior Counsel appearing for the Plaintiff argued that the insurance policy in question was of a kind of reinstatement or repair indemnity policy. Following the fire incidence, Surveyor was appointed to opine on whether repair of the concerned MHC was possible. Consequently it was decided to assess the loss, consequent to the fire incident as constructive total loss of the equipment.
Provided that nothing in this sub-section shall be deemed to take away or abridge the right of the insurer to pay or settle any claim at any amount different from the amount assessed by the approved surveyor or loss assessor."
The Surveyor's Report should be accepted and relied upon for payment of insurance claim. The Surveyor assessed loss and net payable amount as follow: 
 Constructive total loss                       :       Rs.11,95,70,780/-



        Deduction towards dismantling                 :        Rs.5,00,000/-

         the mobile harbour crane


        Further deduction of policy excess                :     Rs.1,00,000/-



        Total                                             :   Rs. 11,89,70,780/-