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
this juncture it is quite pertinent to refer Section 64- UM(2), (3) & (4)
of the Insurance Act 1938 which are as under ... 64-UM. (2) No claim in respect of a loss which has occurred in
India and requiring to be paid or settled in India equal
authority under
IRDA Act . The only option under section 64 UM as held by the Hon'ble
Supreme Court in Sri Venkataswara Syndicate (supra ... this juncture it is quite pertinent to refer to the Section 64-
UM(2), (3) & (4) of the Insurance Act 1938 which
caused as the duties cast on a surveyor, appointed under section 64 UM (1) of the Insurance
Act, 1938 , and in terms of their duties ... appears that
such appointments are opposed to subsection (5) of Section 64 .UM of Insurance
Act, 1938 in claims of more than
licensed surveyor occupies an important position under the scheme of section 64
UM of the Act of 1938 and the Regulations of 2002 framed thereunder ... that:
This
Commission has taken a consistent view that under Section 64 UM, Insurance Company cannot go on appointing
Surveyors one after the other
appellant-Insurance
Company is bound under the provisions of Section 64 UM (2) of the Insurance
Act, 1938 to appoint a surveyor to assess ... arguments, learned counsel for the appellant referred to Section 64 UM,
reproduced in the grounds of appeal, as under:-
Section 64 UM(2) :- No claim
therefore it had not assessed the loss. As per Sec.64 UM of Insurance Act
finding of the surveyor is not binding on the insurance ... complainant. The O.P. pleaded that as per Sec.64 UM it is not mandatory that
report of surveyor should be accepted by the insurance
This amounts to a clear breach of the provisions of Section 64
UM of the Insurance Act, 1938 as well as the Regulations framed ... been carried out in
terms of Section 64 UM and the Regulations framed thereunder. For this he
has cited the judgment in the case
service.
Learned Counsel for the complainant went further submitting that Section 64 UM(2) of the Insurance act, 1938 mandate the insurer to obtain ... settlement of claim valuing more than Rs.20,000/-. Section 64-UM(2) of the Act 1938 reads as under:
'No claim in respect
further submitted that the Surveyor was having licence under
Section 64 UM of Insurance Act., 1938. In case the opinion of the
repairer ... what conditions can it be overridden in. To address this,
Section 64(UM)(4) of the Insurance Act, 1938 can be usefully
read which concerns
