ORIENTAL INSURANCE COMPANY LIMITED Vs. SHAM LAL BHAT

JUDGEMENT

(1.) THE respondent complainant was directed to be compensated for the loss sustained on account of fire in which the house of the complainant was burnt.

(2.) THE appellant Insurance Company had issued fire policy. This was effective from 5th April, 1995 to 4th May, 96. During the currency of said policy, the house of the complainant was damaged by fire on 10th May, 95. THE loss was intimated to the appellant -Company. M/s. H. Kanan and Company was appointed as Surveyor. It submitted its report on 12th May, 96. THE loss so assessed was to the extent of Rs. 3,06,372/ -. THE Surveyor came to the conclusion that the house was a two storey building. It had a covered area of 1,215 sq. ft. THE appellant Company was not satisfied with the Surveyor report. A second Surveyor was appointed. THE second Surveyor, M/s. Alak Consultants Private Limited came to the conclusion that the loss actually suffered was to the extent of Rs. 1,90.852/ -.

(3.) IT be seen that the second Surveyor in his report had observed that the inspection of the building revealed that the building did suffer extensive damage. IT had collapsed completely. IT has further observed that it was not possible to ascertain the exact specification of the building. The copy of final joint survey report of M/s. H. Kanan and Company was provided to the second Surveyor for reference. After thorough scrutiny of the report, the specifications and various items allowed by the first Surveyor were found reasonable. The amount was reduced by taking note of the plinth area. The second Surveyor also observed that it is not possible to work out a detailed assessment of the loss.