VidhiSangh

Supreme Court of India · 28/09/2021

KHATEMA FIBRES LTD. versus NEW INDIA ASSURANCE COMPANY LTD. & ANR

[2021] 9 S.C.R. 268 · 2021 INSC 565

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Summary

The Court upheld the limited fire-insurance award based on the surveyor’s assessment. Conflicting stock records justified volumetric analysis, and the adopted fire-affected area, movement-space allowance and bale weight were supported by the evidence. A survey report was important but not conclusive; professional shortcomings or arbitrary treatment could establish deficient service. Once those defects were absent, the consumer forum was not to rework every technical detail as a civil court might. The insured’s appeal seeking a larger award was dismissed.

Issues

  1. Whether the surveyor’s rejection of stock records and volumetric assessment justified enhancement of the insurance award.
  2. What review of a survey report was permissible in a consumer complaint alleging deficient service.

Provisions considered

Held

Result

Appeal dismissed without costs; National Commission’s award based on the admitted assessed loss upheld.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 268.