Lightwalas vs BANK OF INDIA

M /s Lightwalas, the complainant, transacts the business of fancy lights etc. Its proprietor Lokesh Gupta took a hypothecation limit for his stock from the company and insured them from Bank of India -OP -1. The National Insurance Company Limited -OP -2 issued the policy. The goods were stolen on 29.10.2009, during the night time, by breaking shutter. The FIR was lodged on 01.11.2009. Culprits could not be arrested and goods could not be traced. The complainant made a claim in the sum of Rs. 3.5 lakh. The Insurance Company estimated the value to be just Rs.46,000/ -.

THE District Forum partly allowed the complainant and ordered the Insurance Company to pay Rs.46,242/ - with 10% interest 10.06.2010 and costs of Rs.10,000/ - for physical, mental and economic losses and complaint expenses in the sum of Rs.1,000/ -. The appeal filed by the complainant was dismissed. Before the State Commission it was argued that the surveyor report should be rejected because it is fraudulent and rejected the claim of the complainant on the basis of their bills. It was also urged that the complainant had provided all the bills and documents to the surveyor. The State Commission, too, dismissed his appeal.

ALL these arguments carry no conviction. Both the Fora have held that even those items which were not provided in the F.I.R., were allowed by the surveyor. On the contrary, it was found that the complainant did not keep accounts properly. Counsel for the petitioner has invited our attention towards the report of the surveyor. He contended that he has filed the survey report on the record. We have gone through the surveyor''s report. Its relevant paras are reproduced here as under: - "(vi) Stock statement: Stock statement submitted to Bank is drawn for the period ending 01.10.2009, stated to have been submitted on 02.10.2009 but in fact bank has received it on 30.11.2009, one month after the theft. Moreover stock statement is also not supported by correct item register. Books of accounts e.g. Cash Book, Sales and Purchases register, Item Register are falsely prepared, with help of false sells bills/cash memo and some of the fake purchases invoices and not presenting true picture of the affairs of the business of the insured. About the F.I.R. and F.R.: Insured has submitted a list of items/stock lost along with the F.I.R., and thereafter no revised list submitted to police, confirming his consent about the items/stock reported lost, while accepting the F.R. About the Value at Risk: On physical verifications of goods found in the shop after theft, and losses reported to police, stock is found to be adequately insured. 22. Assessment: Assessment of loss is done as per enclosed Schedule of Assessment Amount claimed as per claim bill Rs. 3,56,734.00 Gross loss assessed for goods/stock lost, as reported to Police along with F.I.R.(F.R) Rs. 46,342.00 Insurer ''s liability Rs. 000.00 As the claim is based on fictitious and fraudulent documents, claim is not admissible and recommended for repudiation, report issued without prejudiced."

It is well settled that the report of the surveyor has to be given due weightage. This view neatly dovetails by the authority by the Apex Court reported in United India Insurance Co. Ltd. and Others Versus Roshan Lal Oil Mills Ltd. and Ors., 2000 10 SCC 19.

THIS Commission in a case D.N. Badoni Vs. Oriental Insurance Co. Ltd., 2012 1 CPJ 272 , headed by Hon''ble Justice Ashok Bhan was pleased to hold that Surveyor''s report has significant evidentiary value unless it is proved otherwise, which the petitioner has failed to do so in the instant case.

THE Revision Petition is meritless, therefore, the same is dismissed.