LAW FOR ALL

fire polices= During the subsistence of the policy period, complainant suffered huge loss on 30.8.2000 on account of inundation occurred due to rains and caused a total loss in terms of building, stocks, FFF electrical fittings, etc. Complainant immediately intimated opposite party regarding this loss and opposite party appointed and deputed a Surveyor, Shri V.P. Maheshwari to assess loss suffered by the complainant. The Surveyor carried out detailed survey and submitted his report to the opposite party in respect of both the policies. Under the first policy, the complainant claimed a loss of Rs.31,77,584.16 and under second policy, the complainant claimed loss of Rs.10,09,071.09, as per details mentioned in para 7 of the complainant.= Perusal of second policy reveals that first surveyor assessed loss of Rs.37,000/- regarding furniture, fixtures and fitting and the same loss has been assessed by second surveyor. First surveyor assessed loss of Rs.4,00,000/- in building whereas second surveyor has assessed loss of Rs.1,23,305/-. In this policy also first surveyor allowed loss of Rs.1,44,000/- on 5th thick RCC layer on the stone treatment. This should not be allowed as discussed above in first policy. In such circumstances, complainant is entitled to get Rs.1,93,000/- under the second policy. 21. Consequently, complainant is entitled to get Rs.10,79,040/- in first policy and Rs.1,93,000/- in second policy totalling Rs.12,72,040/- from the opposite party. - Merely by participation in second survey, the complainant is not estopped from challenging second survey report which is apparently not based on sound reasoning. First survey report has been supported by bills and vouchers of expenditure incurred on repairs whereas second survey report is based on estimates. Merely by cooperating to second surveyor in assessing loss complainant cannot be deprived of loss estimated by first surveyor. 23. Consequently, complaint filed by the complainant against the opposite party is partially allowed and complainant is entitled to get a sum of Rs. 12,72,040/- from the opposite party. Opposite party has already paid a sum of Rs.7,40,825/-. In such circumstances, complainant is entitled to get remaining amount of Rs.5,31,215/- with 9% per annum interest from 28.1.2003 till realization of money. Complainant is also entitled to get litigation expenses of Rs.10,000/-.