ca.bhupendrashah (FCADISA) 13 August 2008

second survey

can second surveyor be appinted ? under which section?

9 Replies

Rajan Salvi (Lawyer) 14 August 2008

as far as i know second surveyor cannot be appointed. insurance company can only seek clarification of queries from 1st surveyor. appointing second surveyor means that the insurance company wanted to appoint a surveyor who will give a report favourable to them. Please read more about the categorisation of surveyors and the pros and cons. Also see ' policy holders act' .

ca.bhupendrashah (FCADISA) 15 August 2008

but it is happening in many case to do so !!!!!!!!!!!!!!! is it misconduct?

ca.bhupendrashah (FCADISA) 15 August 2008

can the insured party refuse to supply deatils to next survryor?

Ratilal V.Sakaria (Advocate) 21 August 2008

As Per IRDA Regulation On Protection of policy holder's interests there is provision of second opinion from the same surveyor but not second surveyor.

Citation : 2007 (3) CPR 1 (NC)

Pankaj Rai (Lawyer) 23 February 2009

Yes just to findout the exact conclusion insurance company may appoint a second surveyor . It is just because of the clarification of the first survey report, but where two survey reports only first survey report will prevail.

Rajneesh Malhotra (Advocate) 24 March 2009

The law says that NO second surveyor can be appointed by the insurance company.

Second surveyor can only be appointed in exceptional circumstances, and the circumstances should be recorded by the company in its file.

Rajneesh Malhotra (Advocate) 27 March 2009

I (2008) CPJ 456 (NC)

NATIONAL CONSUMER DISPUTES

REDRESSAL COMMISSION, NEW DELHI

Hon’ble Mr. Justice S.N. Kapoor, Presiding Member & Mr. B.K. Taimni, Member

NATIONAL INSURANCE CO. LTD.—Petitioner

versus

VIKAS POLY PACK—Respondent

Revision Petition No. 4316 of 2007—Decided on 17.1.2008

Consumer Protection Act, 1986 — Section 21(b) — Insurance — Assessment of loss — Fire Officer assessed loss at Rs. 5,50,000 — First Surveyor assessed loss at Rs. 5,83,000 — Second Surveyor appointed in violation of Section 64UM of Insurance Act — Loss assessed at Rs. 4,02,306 — Rs. 2,24,836 paid by insurer in full and final settlement of claim — Phrase about payment in full and final settlement of claim added later in receipt — Equitable order passed by State Commission by reducing amount of disputed duplicate bills and bills which could not find support, from compensation assessed by First Surveyor — No interference required in revision.

Rajneesh Malhotra (Advocate) 27 March 2009

IV (2007) CPJ 322 (NC)

NATIONAL CONSUMER DISPUTES

REDRESSAL COMMISSION, NEW DELHI

Hon’ble Mr. Justice S.N. Kapoor, Presiding Member & Mr. B.K. Taimni, Member

UNITED INDIA INSURANCE CO. LTD. & ORS.—Petitioners

versus

SINDHI SWEETS & ORS.—Respondents

Revision Petition No. 2546 of 2002—Decided on 31.10.2007

(i) Consumer Protection Act, 1986 — Section 21(b) — Insurance Act, 1938 — Sections 64UM(2), 64UM(3), 64UM(4) — Insurance — Assessment of loss — Appointment of second Surveyor — Validity of — Stock and machinery damaged in fire — Loss assessed by Surveyor at Rs. 2,86,764 — Another Surveyor appointed — Assessment reduced to Rs. 93,600 — Accepting or rejecting Surveyor’s report only within jurisdiction of Controller or Authority — No arbitrary and unilateral decision to impose decision of insurer on insured could be imposed — Report of first Surveyor if not rejected by authority or insured has not amicably settled claim — Insurance Company bound by report of first Surveyor — Second Surveyor appointed without any direction of Controller/Authority — Report not acceptable — Amount assessed by First Surveyor payable with interest.