Vijaykumar S. Saokar as a surveyor as required by Section 64 UM of
the Insurance Act, 1938. The said surveyor visited the site in question ... appoint an expert who reduced the loss
assessment. Although Section 64 UM of the Insurance Act gives a
right to the insurance company to settle
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
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
identified as "Tauktae" as per the requirement of Section 64
UM of the Insurance Act 1938 and the Regulations of IRDA ... Indemnity under the
Insurance law.
Adv. Shri Takkekar reiterated section 64 UM of the Insurance
Act, 1938 and IRDA Circular dated 10/12/2022 mandates
Buchiyyamma
Rice Mill , (2020) 12 SCC 105 as under:
13. Section 64-UM(1) of the Insurance Act, 1938, speaks of licensing
of the surveyors ... holds a licence
issued under sub-section (1) of Section 64-UM. Sub-section (3)
empowers IRDA with the power to obtain an independent report
forensic report have
binding evidentiary value under Section 64-UM of the Insurance
Act, 1938, a licensed surveyor's report is a mandatory ... IRDAI-approved and do not hold a license issued under
Section 64 UM to act as a surveyor or loss assessor.
23. The relevant para
that must be according to the Surveyor's
Report.
Section 64 UM (4) of the Insurance Act, 1938 provides:
"(4) No claim
support his
submission that the Scheme of Section 64-UM of the
Insurance Act, particularly of sub-sections (2), (3) and (4),
would show that ... petitioner, it is held that the scheme of
Section 64-UM of the Insurance Act, particularly of sub-
sections (2), (3) and (4) would show
occurred from a person who holds a licence issued under Section 64 UM to
act as a Surveyor or loss assessor.
18. The Defendant
Pradeep Kumar (2009) 7 SCC 787,
wherein the Court considered Section 64 UM(2) of the Insurance Act, 1938 , and
categorically observed that "while
