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...report of Shri K. Siva Prasad, had appointed Joint Surveyors, M/s Mehta and Padamsey and Kaypens, in terms of Section 64-UM(2) of the Insurance Act to give a joint report. They conducted a joint survey...National Consumer Commission and then submit that the provisions of Section 64-UM of the Insurance Act, 1938 do authorise the insurer to appoint surveyor or surveyors, may be for the second time for the...purpose of getting a fair report of the actual loss suffered by the insured. To buttress their submission, they invite our attention to the provision of Section 64-UM of the Insurance Act, 1938, to...
...and Mr N.S Jain, learned counsel for the complainant.12. Mr P.K Seth, learned counsel for the Insurance Company heavily relied upon Section 64-UM(2) of the Insurance Act..., 1938 (for short “the Act, 1938”) and submitted that the loss assessed by the approved surveyors appointed in view of the provisions of Section 64-UM was binding, more so, in the absence of any....21. Section 64-UM(2) of the Act, 1938 reads:“64-UM. (2) No claim in respect of a loss which has occurred in India and requiring to be paid or settled in...
...is contended, could not be legally ignored as the surveyors were appointed in terms of Section 64-UM(2) of the Insurance Act, 1938. It is also contended that the appellant had acted promptly in the....7. The appellant had appointed joint surveyors in terms of Section 64-UM(2) of the Insurance Act, 1938. Their report has been placed on the record in which a detailed account...
...provisions of Section 64 UM of the Insurance Act, 1938 (hereinafter referred to as the Act.) and to quash all appointments of unqualified persons act...performing duties of surveyors in contravention of Section 64 UM of the Act and to substitute them with only licenced surveyors in terms of the Insurance Act.2. In the writ petition the...the aforesaid decision and policy of the respondents and challenged the same through the aforesaid writ petition alleging that the said policy is in violation of the provisions of section 64 UM of...
...provisions of Section 64 UM of the Insurance Act, 1938 (hereinafter referred to as the Act.) and to quash all appointments of unqualified persons act...performing duties of surveyors in contravention of Section 64 UM of the Act and to substitute them with only licenced surveyors in terms of the Insurance Act.2. In the writ petition the...the aforesaid decision and policy of the respondents and challenged the same through the aforesaid writ petition alleging that the said policy is in violation of the provisions of section 64 UM of...
...Sub-sections (2), (3) and (4) of Section 64 UM of the Insurance Act 1938 that the Insurance Regulatory and Development Authority also has power, though discretionary, to consider a grievance...
...before the incident of damage.19. In this backdrop, before we turn to the surveyor's report dated 15-5-2000, we deem it proper to notice Section 64-UM(2) of the Insurance...Act, 1938 that reads thus:“64-UM. (2) No claim in respect of a loss which has occurred in India and requiring to be paid or settled in India equal to or exceeding...
...SCC 787 and referred to para 21 and 22 which read as hereunder:—“21. Section 64-UM(2) of the Act, 1938 reads:“64-UM. (2) No claim in respect...of the provisions contained in Section 64-UM (c) of the Insurance Act, 1938. The Insurer had however sought to rely on the investigation report. The State Commission refused to look into report of the...
....12. In order to adjudicate upon the dispute, it is relevant to refer to Section 64-UM(2) of the Insurance Act, 1938:“64-UM. (2) No claim in respect of a loss ....”13. Section 64-UM(1) of the Insurance Act, 1938, speaks of licensing of the surveyors and loss assessors. In the present case, we are not concerned with sub...shall be admitted for payment, unless the insurer obtains a report of a surveyor or loss assessor who holds a licence issued under sub-section (1) of Section 64-UM. Sub-section (3) empowers IRDA with...
...Anil Dev Singh, J.— The pivotal questions involved in this writ petition are whether under section 64 UM of the Insurance Act, 1938 (for short “the Act”) any survey by an approved surveyor...seek reports from licensed surveyors or loss assessors. The petitioner's grievance is that this policy of the third respondent violates the provisions of section 64 UM of the Act. Besides, the policy is...respondents 2 to 6 should strictly adhere to and comply with Section 64 UM of the Act and actions of the officials of the insurers acting as surveyors or performing the duties of surveyors in...
...appointed a Category A licensed surveyor and loss assessor in compliance with Section 64-UM of the Insurance Act, 1938 to assess the damage. In the assessment of the respondent and as per the claim...
...report of the Deputy Superintendent of Police. The claimant argued that the report of the private investigator could not be looked into in the light of Section 64-UM(c) of the Insurance Act, 1938 since...the investigation report. Section 64-UM of the Insurance Act cannot stand in the way of the Insurance Company in establishing that the claim was a fraud on the Company, or that it was a case of...
...Company, has invited my attention to the provisions of S. 64-UM of the Insurance Act. That section deals with licensing of surveyors and lose assessors by the Controller of...Insurance. It also deals with the qualifications which such surveyors and assessors ought to have. Section 64-UM(2) requires that claims or losses which have occurred in India...Bandar.12. In view of the provisions of the insurance policy, the provisions of item 14 of the Schedule to the Insurance Act, the provisions of Sec. 64-UM of the Insurance...
...one surveyor after another. It was open to the Insurance Company to apply to the Insurance Regulatory and Development Authority to appoint an independent surveyor under Section 64-UM(3) of the...complainant. The relevant provisions of the 1938 Act read as under:“64-UM. (2) No claim in respect of a loss which has occurred in India and requiring to be paid or settled...Sri Venkateswara Syndicate v. Oriental Insurance Co. Ltd. (2009) 8 SCC 507 which case has examined Section 64-UM of the 1938 Act to hold that there is no prohibition in ...
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chosen the person to whom the dispute can be referred to in terms of Section 64 UM of the Insurance Act, 1938. In terms of Section 64-UM of the Insurance Act, 1938...
...the business of insurers. As per Section 64-UM (4), if the claim in respect of a loss is Rs. 50,000/- or more, the insurer can settle the claim only after he obtains a report...on the said loss from a person who holds the license issued under Section 64-UM to act as a surveyor or loss assessor. But, in the case of a claim of less than Rs. 50,000...learned counsel appearing for the writ petitioner. Section 64-UM of the Insurance Act, 1938 reads as follows...
...: 0000 - 0000 00 0 21.12.2018
, , 1938 UM(2) , , 1968
20,000/-0 64 UM(3) : '' '' 0000 :
00...
...Section 64 UM of the Insurance Act, 1938 as the Surveyors and Loss Assessors (SLA) are empowered to settlement of losses above Rs. 20,000...
...New India Assurance Co. Ltd. Vs. Pradeep Kumar Head Note :- Insurance Act, 1938, Sec. 64 UM(2)- Motor Insurance Claim for damage to truck Surveyor report Truck failed in...
...holding of a licence to act as surveyor/loss assessor under the Insurance Act was an essential condition which could not be relaxed. Section 64-UM of the Insurance Act mandates that no person shall act as...