The National Consumer Disputes Redressal Commission (NCDRC) has held that the appointment of subsequent surveyors by an insurance company is "not bad in law" as the report made by him is an important piece of evidence while assessing the claim.
"Findings recorded by the Bihar State Commission that the appointment of the second surveyor was bad in law is not correct. The report submitted by the surveyor is an important piece of evidence and has to be given due weight and relied upon," the Commission said.
The NCDRC bench, comprising President Justice Ashok Bhan and member B K Taimni, passed the order on a petition filed by the New India Assurance Company Limited (NIACL) challenging state commission's dismissal of second surveyor report.
The state commission held that the insurance company was not justified in appointing second and third surveyor as the first surveyor has dealt with every aspect of the matter and assessed the loss of Rs 7.70 lakhs.
The NCDRC rejected the findings of the state commission, noting that the first surveyor had only submitted the preliminary survey report for the theft committed at the premises of the complainant, Rabindra Narayan.
It justified the decision of the insurance company to appoint the second surveyor who assessed the loss of Rs 4.23 lakhs in its report but rejected the appointment of third surveyor, saying that it was neither justified nor warranted.
The NCDRC partly allowed the appeal, directing the insurance company to pay the amount as assessed by the second surveyor in its report.