Gammon India Ltd. vs New India Assurance Co. Ltd. on 30 July, 2002
„The surveyor also confirmed in their reports, the
shortage/loss of AAAC due to pilferage during transit and
estimated the loss as per Ext. A-12. This shortage was also
confirmed by Katigorah Police as per Ext. A-13 and as
reiterated earlier by the Takeover Certificate, Ext. A-19.
Taking into consideration that the surveyors appointed by
the insurance company have completed their investigation
and submitted their reports and thereafter an investigator
was appointed on 16-4-1998 without any valid reasons. It is
held by the National Commission in Gammon India Ltd. v.
New India Assurance Co. Ltd. that: (CPJ p. 10)
„… Report of first Surveyor not accepted, second Surveyor
appointed — Appointment of second Surveyor not explained
— Deficiency in service proved — Report of first Surveyor
upheld.…‟
and the investigator in the instant case submitted his report
on 28-12-1998 i.e. almost 8 months after his appointment.
Taking into consideration all the above submissions, we are
of the considered opinion that the appellant complainant
was able to establish that there was shortage/damage to the
consignment which was given to the second respondent for
transportation.‟