There
is recital in affidavit that deponent is surveyor registered
under Insurance Act 1938. There is recital in affidavit that
deponent has assessed loss ... Joginder Singh.
14. Even Insurance company also appointed Sh.
Vineet Kaura Surveyor cum Loss Assessor registered under
Insurance Act 1938 and he has also mentioned
section (3)
of Section 64 UM of the Insurance Act 1938, the Authority may call for an
independent report from any other approved surveyor ... complainant that as per Section 3 of the Act, the Insurance Act 1938 or the
IRDA do not bar the jurisdiction of this Commission
date
of the policy. As per Section 45 of the Insurance Act, 1938, the time period
to repudiate or to call in question any insurance ... that Insurance Policy was taken by the
complainant's husband on May 23, 2014, which is much before the amended
Insurance Act, 1938 which
submits that as per the Provisions of Section
45 of the Insurance Act, 1938 prior to amendment dated 26.12.2014,
no policy of life insurance could ... insurance policy. This argument is not going to helpful as this
Provisions of Section 45 of the Insurance Act, 1938 was also
specifically mentioned
Advocate appearing on
behalf of Insurance company that Insurance company has
appointed Surveyor cum Loss Assessor under Insurance Act
1938 and learned District Forum ... Insurance Act 1938 is a special Act and it is well
settled law that when there is conflict between Special Act
12
Oriental Insurance Company
Surveyor cum Loss
Assessor appointed under statutory Act i.e. Insurance Act
1938. See 2012(1) CPJ 420 NC H.C Saxena Versus New India ... report and Insurance company could
not be allowed to disbelieve the report of Surveyor cum Loss
Assessor appointed under statutory Insurance Act 1938
statutory Act
8
IFFCO Tokio General Insurance Co. Ltd. Versus Satish Chand Goktu
F.A. No.240/2018
i.e. Insurance Act 1938. Report submitted ... Insurance
company could not be allowed to disbelieve report of its own
Surveyor cum Loss Assessor appointed under statutory Act
i.e. Insurance Act 1938
Assessor appointed by Insurance company. Surveyor cum
Loss Assessor was appointed by Insurance company under
Statutory Act i.e. Insurance Act 1938 ... supplied to
Insurance company under law because Insurance company
has hired the services of Surveyor cum Loss Assessor under
Statutory Insurance Act 1938. Non payment
transfer of insurance policies was the same as that, in England. Even with the
enactment of the Insurance Act, 1938 , the legal position ... Transfer
of Property Act, 1882 except to the extent specified in section 39 of Insurance
Act, 1938.
15. Sub-section (1)
of Section
allow insurance company
to disbelieve the report of Surveyor cum Loss Assessor
appointed under statutory Act i.e. Insurance Act 1938. It is
held that ... paying insurance amount as
recommended by Sh. Vijay Kumar Berry Surveyor cum Loss
Assessor appointed under statutory Act i.e. Insurance Act
1938
