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Judgment
THIS is an appeal against the order of 29th April, 1993 passed by the State Commission of Orissa at Cuttack in Consumer Dispute Case No. 87 of 1992.
THE State Commission held that there was delay in settling the claim by at least four months and gave an opportunity to the insurer to pay Rs. 1,20,365/ - to the complainant within one month without insisting on full and final settlement from the complainant subject to final adjudication of the claim for Rs. 3.00 lakhs by the Arbitrator. The facts are that the complainant before the State Commission is the dealer in clothes in Aska. He had got his shop insured against loss from the 29th April, 1990 to 28th August, 1991 for Rs. 3.00 lakhs. There was a devastating flood in Aska on 4th November, 1990. The complainant claimed that he had sustained loss for more than Rs. 4.00 lakhs and therefore, he was entitled to receive the amount covered by the policy viz. Rs. 3 lakhs. The Insurance Company appointed a Surveyor on the 8th November, 1991 for investigation and preliminary survey. After his report, another Surveyor was appointed for investigation and assessing the loss. The second Surveyor recommended the settlement of the loss for Rs. 1,20,365/ - This was considered by the complainant as grossly inadequate. While the report of the Surveyor was under examination by the insurer, the insured filed this complaint.
THE State Commission, however, felt that there was a delay in settling the claim by at least four months. In that context, it is decided that the insurer should pay a sum of Rs. 1,20,365/ - to the complainant as recommended by the surveyor, subject to the claim being settled through arbitration as per Clause 10 of the policy or insurance.
WE do not find it possible to sit in judgment on the report of the Surveyor as the appellant has furnished no material to attack the correctness of the Surveyor''s report even though he may be dissatisfied with the amount recommended by him. In the circumstances, we are of opinion that the order of the State Commission is quite reasonable directing payment of Rs. 1,20,365/ - leaving the balance claim to be adjudicated by the Arbitrator. We, therefore, uphold the order of the State Commission and dismiss the appeal. There is no order as to costs. Appeal dismissed.