M/S. Anantraj Agencies Pvt. Ltd. vs National Insurance Co. Ltd. on 3 March, 2016

36. The counsel for the plaintiff relied heavily on the survey
report. With respect to the survey report, before proceeding to
discuss the same I may notice that the Apex court recently in New
India Assurance Company Ltd. Vs. Pradeep Kumar Civil Appeal
No.3253/2008 decided on 9th April, 2009 has held that although
the assessment of loss by the approved surveyor is pre-requisite
for payment or settlement of claim of Rs.20,000/- or more by
insurer but surveyor’s report is not the last and final word. It is
not that sacrosanct that it cannot be departed from. It is not
conclusive. It was further held that the approved surveyor’s
report may be base or foundation for settlement of a claim by the
insurer in respect of the loss suffered by the insured but surely
such report is neither binding upon the insurer nor insured.

Source: Indian Kanoon

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