"11. It is well settled law that a surveyor's report has significant evidentiary value, unless is proved otherwise, which the complainant has failed to do so in the case. This view was taken in the case of D.N.Badoni Vs. Oriental Insurance Co. Ltd., I (2012) CPJ 272 (NC).
Similar view was also expressed taken by Hon'ble National Commission in New India Assurance Co. Ltd. Vs. Pave Infrastructures Pvt. Ltd. 2015 (2) CPR 577 (NC). Learned District Forum failed to take notice of this law and granted compensation to the tune of Rs.15,00,000/- lacs.
In the oriental Insurance Co. Ltd., through its Regional Manager Vs. Ishwar Singh, 2015 (1) CPR 157 (NC), Hon'ble National Commission as observed in para Nos.11 and 17 as under:-
11. Learned counsel for insurance company- opposite party No.2 vehemently argued that it was never informed about change of address or business. Letters Ex.R-3 and R-4 were concocted by O.P.No.1 after the incidence of fire to escape from liability to pay any compensation. An application was filed before District forum to direct O.P. to produce any evidence about dispatch of these letters, but, no such evidence was produced. Rather it was alleged that these letters were handed over to representative of O.P.No.2 by hand, whereas no such evidence is available on the file. So, it is not liable to pay any compensation as opined by Tamil Nadu State commission in Manager, Tamilnadue Merchantile Bank ltd. vs A.X. Beski & anr. III (2003) CPJ 145. In this way there is no ambiguity that which premise was insured. When fire broke out in the different premise then covered by insurance policy, insured cannot ask for compensation as opined by Hon'ble National Commission in Shiv Confectionary House through its Sole Proprietor Vs. Bajaj Allianz General Insurance co., & Anr. 2013(3) CPC 589 and National Insurance co. Ltd. Vs. Venketshwera Distributor and another, 2011 CTJ 610 (CP) (NCDRC).