Failure to Appoint Surveyor Receiving Intimation of Loss Delhi State Commission Holds National Insurance Liable Deficiency in Service (Consumer Case)
The complainant booked a consignment of household goods with Pragati Packers & Movers, insured by National Insurance under a transit insurance policy covering all risks.

Upon delivery, the goods were damaged and several items were missing due to negligence of the transporter. Despite complaints, the insurer did not issue a damage certificate or appoint a surveyor. As a result, the complainant filed a case with the District Commission, which ruled in favor of the complainant, directing the insurer and transporter to jointly pay Rs. 40,000 as compensation.

The insurer, dissatisfied with the decision, appealed to the State Commission of Delhi. The State Commission upheld the District Commission’s decision, agreeing that both the insurer and transporter were deficient in service. The complainant had dispatched household goods worth Rs. 1,00,000 with transportation charges of Rs. 12,000 and insured the consignment for transit risks.

Upon delivery, the goods were severely damaged, indicating negligence by the transporter. Despite notifying the insurer and requesting a survey, no surveyor was appointed. The transporter was proceeded against ex parte for failing to appear. The District Commission ordered both parties to jointly compensate the complainant Rs. 40,000, a decision the State Commission affirmed, dismissing the insurer’s appeal.

Source: – Live Law
By: – Rajat Ranjan