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Khatema Fibres Ltd. vs New India Assurance Company Ltd. on 28 September, 2021

Therefore, when the Surveyor had assessed the value of loss, the Insurance Company cannot be directed to pay more than that of the amount assessed by the Surveyor unless it is disproved by the complainant, by adducing evidence to the effect that the loss assessed by the surveyor is not correct, irrespective of the fact that the invoice issued by M/s.TV Sundaram Iyengar & Sons Private Limited is more than that of the loss assessed by the Surveyor.  Reliance has also been placed on the judgment of the Supreme Court in Khatema Fibres Ltd., Vs. New India Assurance Co. Ltd. & anr., reported in IV (2021) CPJ 1 (SC), wherein it is held as follows:-
Supreme Court of India Cites 11 - Cited by 38 - V Ramasubramanian - Full Document
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