Insurance – Surveyors & Loss Assessors work impartially
Insurance- Surveyors cannot be branded as puppets – Work impartially and independently
The Respondent had taken fire policy from the Petitioner for stocks, building, plant, and machinery for 2005 to 2006 for Rs.92 lakhs.
On 23.9.2005, the fire broke in the plaint due to short-circuit, resulting in damage to the stocks, machinery and building.
The Surveyor of Insurer assessed the loss at Rs.2,20,339/- as against Rs.16,40,991/- by the Insured.
The District Consumer Forum discarded the survey report and allowed the consumer complaint.
The District Consumer Forum, however, made sweeping remarks against the Surveyor that the Insurance Company was the payment of the Surveyor who could not have displeased his master.
The State Consumer Commission accepted the surveyor report and allowed the appeal of the Insurance Company. However, the National Commission had set-aside the order of the State Commission and restored the order of the District Forum.
The Surveyors and Loss Assessors are mandated to comply with the Code of Conduct in respect of their duties, responsibilities, and other professional requirements, as specified in the regulations made under the Insurance Act, 1938, and therefore, they cannot be castigated in such a general and vague manner. The High Court, therefore, does not endorse such sweeping remarks.
Judgment dated 18.7.2025 of the High Court of Delhi in CM (M) 2509/2024 of the New India Assurance Co. Ltd Vs. M/s. Interweave Fashions (P) Ltd
