New India Assurance Co. Ltd vs Pradeep Kumar on 9 April, 2009
14.
The Counsel for the appellant, however,
placed reliance on New India Assurance Co. Ltd. Vs. Pradeep Kumar, IV (2009)
CPJ 46 (SC), to contend that the report of the Surveyor is not the last and
final word, and it may be a basis for settlement of claim, but neither binding upon the insurer nor the insured.
There is, no dispute, with regard to the preposition of law, laid down in New
India Assurance Co. Ltd.`s case (supra). However, it may be stated here,
that if the report of the Surveyor cum Fact Finder Investigator, is based on
cogent material, and data, as also the
spot visit, then, by no stretch of imagination, the same can be disbelieved. In
the instant case, as stated above, only short affidavit, in support of the
averments, contained in the complaint, was submitted by the complainant, by way
of evidence, which could not be read into evidence, nor that can be said to be sufficient, to prove the averments, contained in the
complaint. In these circumstances, the
Fora was required to arrive at the conclusion, on the basis of the report of the Surveyor cum
Fact Finder Investigator, and other documents, placed, on the record. Had the
complainant produced any other cogent and convincing evidence, to prove the
falsity of report of the Surveyor cum Fact Finder Investigator, the matter
would have been different. In the instant case, no such cogent and convincing
evidence was produced by the complainant.