VIJAY GOPAL Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) IN this appeal against the order dated 17.8.2000 of Consumer Disputes Redressal Commission Uttar Pradesh, Lucknow, the controversy between the parties revolves around the issue if after taking the average factor in respect of building, the claim could have been reduced to 13.67% by the surveyor. The portion of the survey report dated 16.11.93 under the heading Adequacy of sum insured and Average clause for building parts and vehicles etc. which is material, is reproduced below:

(2.) SUBMISSION advanced by Shri Aarohi Bhalla for the appellant is that the value of the shed @ Rs.110/ - sq. ft. includes the value of land which could not have been included for determining the cost of the shed. On the other hand, Shri M.N. Singh for the respondent submitted that the rate of Rs.110/ - sq. ft. did not include the value of land. Discussion on internal page 15 of the impugned order would show that the appellant had not said even a single word about the conclusions as recorded in the said report for determining the total value of the building at Rs. 25,60,000/ - and, therefore, Appellant was held to be entitled to Rs. 98,485/ - only for the loss to the building as assessed by the surveyor. In absence of evidence, submission in regard to value @ Rs.110/ - sq. ft. being inclusive of value of land can be accepted. Appeal, thus, therefore, deserves to be dismissed being without any merit. Dismissed as such. No order as to costs.