National Insurance Company Ltd vs Nipha Exports Pvt. Ltd on 29 September, 2006
10. It appears from two Survey Reports of the
complainant that Mr.Manoj Bhargava
assessed the loss to the extent of
13
Rs.10,13,826/-, whereas the Second
Surveyor Nav Bharat Nirman Company
assessed the loss to the extent of
Rs.10,92,400/-. On the other hand, the
Protocol Surveyors and Engineers Pvt.
Ltd., the Surveyor of the Insurance
Company, who is licensed surveyor of the
IRDA assessed the loss to the
complainant's premises to the extent of
only Rs.69,000/- on the reinstatement
value basis and to Rs.60,720/- on the
market value basis. It also appears that
the Survey Report (Ex.OP.3/3) of the
Protocol Surveyor is based on physical
verification of the premises, the stock,
photographs and other documents, whereas
the Survey Report (Annex.6) prepared by
Nav Bharat Nirman Company and Survey
Report prepared by Manoj Bhargava
(Annex.11) is not substantiated by any
document or report of physical
verification, therefore, the Survey Report
prepared by Protocol Surveyor submitted by
the Insurance Company is more reliable and
trustworthy as compared to the reports
14
submitted by the complainant. The Hon'ble
Supreme Court in IV (2006) CPJ 17
(National Insurance Company Ltd. Vs. Nipha
Exports Pvt. Ltd.) and III (2007) CPJ 317
(Oriental Insurance Company Ltd. Vs. Mehta
Wool Store) has laid down that due
weightage should be given to the report of
the IRDA Surveyor. Moreover, the
complainant did not submit any objections
or protest against the Survey Report
(Ex.OP.3/3) of the Protocol Surveyors of
the Insurance Company. Therefore, the
report of Protocol Surveyor (Ex.OP.3/3) is
more reliable then the report (Annex.11)
of Mr.Manoj Bhargava, the Surveyor of the
complainant.