UNITED INDIA INSURANCE CO LTD Vs. SANJAY KUMAR

JUDGEMENT

(1.) This is a case in which the Insurance Company has appointed as many as five surveyors and it has to be decided as to whether the Insurance Company can appoint one surveyor after another in a routine manner without revealing adequate reasons to the concerned. Brief facts of the case:

(2.) Shri Sanjay Kumar Singh secured an insurance policy from M/s. United India Insurance Co. Ltd. in respect of stock and machinery of his business establishment M/s. Anju Knitting Centre, Yaduvansh Nagar, Chas which covered the period from 5.12.2001 to 4.12.2002. Mr Singh complained to the police station that some unknown persons committed burglary by breaking the lock of his commercial establishment on the intervening night of 24.6.2002 and 25.6.2002 and an FIR was lodged in the police station. He also intimated to the branch of the State Bank of India as well as the Insurance Company on 25.6.2002. During investigation the police found the complaint to be true and submitted a final report that the culprit is untraceable.

(3.) The complainant lodged a claim for a sum of Rs.2,39,545 with the Insurance Company which deputed a surveyor by the name of Mr Durgesh Kumar who found the factum of theft is correct after visiting the business premises and examining the witnesses concerned. Thereafter a second surveyor was deputed by the Insurance Company namely H S Sah, who examined several witnesses and after taking into consideration all relevant aspects including the articles alleged to have been stolen and submitted a report to the Insurance Company assessing the loss to the tune of Rs.2,07,891.75. " Dissatisfied with the report of the second surveyor, the Insurance Company nominated the third surveyor namely M/s. Kothari "surveyors and Investigators Pvt. Ltd. According to this surveyor certain articles stated to have been purchased from M/s. Agarwal Stores and Supply Co. , Calcutta were not found to be genuine. The Insurance Company appointed the fourth surveyor Mr Ranjit Kumar who visited Suraj Woollen Industries Chas, Bokaro. He gave his report stating that this industry was small and situated in a small house and the cash memos/bills have been stage-managed. Finally a fifth surveyor from Ludhiana namely Shri Ravinder Singh was deputed to verify the bills, which were found to be genuine by him.