NEW INDIA ASSURANCE CO LTD Vs. AVINASH SHARMA

JUDGEMENT

(1.) COUNSEL for the parties present. Arguments heard. In this case, the report of surveyor appointed by the New India Assurance Co. Ltd. from consolidated surveyors Pvt. Ltd. through Shri N.S. Sidhu is pitted against the private report of Sh. R.P. Swamy, Retired Assistant Engineer (Civil). This is a case where the house was gutted in fire during the subsistence of the policy granted by the New India Assurance Company (OP). Both the Fora have granted a sum of Rs. 2,36,240/ - alongwith interest @ 9 % per annum from the date of filing of the complaint i.e. 30.12.2006 till full payment. Both the Fora have awarded cost as well.

(2.) THE surveyor appointed by the Insurance Company came to the conclusion that the complainant had suffered a loss in the sum of Rs. 61,060/ -. The surveyor's affidavit has also been filed. The report of Mr. N.S. Sidhu reveals that he has considered each and every item as it is apparent from his report. He has considered as many as 15 items detailed therein. It is well settled that surveyor's report carries infinite value as per the case reported in United India Insurance Co. Ltd. and Ors. Vs. Roshan Lal Oil Mills Ltd. and Ors., 2000 10 SCC 19], and in "D. N. Badoni Versus Oriental Insurance Co. Ltd., 2012 1 CPJ 272].

(3.) THERE is report of Sh. R.V. Swami. In his affidavit he has stated that he has experience of building of 40 years regarding construction, estimating and assessing Civil work. He retired in the year 1994 and is practicing as valuer of buildings and he is registered by MC Solan and TCP Department, HP. I have perused the entire affidavit. But, it is nowhere stated that he has surveyed such like a position earlier. It appears to be his first case. In Para 7and 8, he stated, which are reproduced as here under: