Mehta and Padamsey and Kaypens, in terms of Section
64 UM(2) of the Insurance Act to give a joint report. They
conducted a joint ... National Consumer Commission and then submits that
the provisions of Section 64-UM of Insurance Act, 1938 does authorize
the insurer to appoint surveyor
relating to the business of insurers. As per Section
64-UM (4) , if the claim in respect of a loss ... loss from a person who holds the license issued under Section 64 –
UM to act as a surveyor or loss assessor. But, in the case
such a situation as per sub-section (3)
of Section 64 UM of the Insurance Act 1938, the Authority may call for an
independent report ... receipt of such report, under sub-section (4) of the Section 64 UM
of the Insurance Act 1938, it may make directions to the insurer
adjudicate upon the dispute, it is relevant to refer to Section 64-
UM(2) of the Insurance Act 1938:
“64-UM. (2) No claim ... subject but for the provisions of this sub-section.”
11 Section 64 UM (1) of the Insurance Act 1938, speaks of licensing of
surveyors
filed on record.
(i). Appointment
of repeated surveyors/investigators:
Reading
Section 64 UM it is clear that the Insurance Company cannot go on appointing
repeated ... this purpose we
would reproduce the relevant provisions of Section 64 UM which are as under:
(2). No claim in respect of a loss which
been laid by the counsel for the objector on Section 64
UM and 64 UC of the Insurance Act, 1938, and also the fact that ... have been taken afresh in terms of the provision of Section 64 UM
of the Insurance Act, 1938. I again find that this objection
appointed surveyor. It is further argued that in terms of Section 64 UM (3) of the Insurance Act 1938, the power to appoint a second ... said order has discussed in detail the scope of Section 64 UM of the Insurance Act and has clearly held that the second surveyor
final settlement.
20.4.1 Appellant's contention that AT disregarded Section 64
UM, and the law laid down in Sri Venkateshwara
Syndicate (supra ... Pradeep Kumar (2009) 7
SCC 787
"21. Section 64-UM (2) of the Act, 1938 reads:
"64-UM. (2) No claim in respect
Issue No. 4, it is submitted that the Tribunal ignored Section 64-UM
of the Insurance Act, 1938 and the law laid down in Venkateshwara ... submitted that a licensed surveyor was
duly appointed under Section 64-UM of the Insurance Act, 1938 that the
respondent participated in the survey process
India.
18. It is submitted by Mr. Chitale that Section 64 UM (1) Insurance
Act deals essentially with licencing of surveyors and loss assessors.
Section ... 64 UM (2) applies to a claim in respect of a "loss requiring to
be paid or settled" in India on a policy
