Punjab State Cooperative Milk Producers Federation Ltd. (Milkfed), the complainant in this case, has obtained an open marine policy for Rs. 15 crore from opposite party- M/s National Insurance Company Ltd for transportation of Verka Milk products to various parts of India.  On 17.2.2010, the stock/goods containing 64 cases (1X12) of double toned milk and 100 trays (1X27) of Rasila were dispatched from Chandigarh to Jammu but unfortunately the vehicle met with an accident causing loss of Rs. 3,03,756/-.  The Surveyor was appointed to inspect the site and assess the loss.  The Surveyor came to the conclusion that the petitioner has already exhausted a sum of Rs.17,13,66,707.72 paise.  The complainant challenged the report and produced some other documents.  Consequently, second report of the Surveyor goes to show that it came to Rs.15,10,19,513.17 paise.

We have heard the learned counsel for the complainant.  He has failed to show that the surveyor’s report is incorrect. His document does not support his case.  There is nothing on the record which may go to create doubt about his report.  The State Commission placed reliance on National Insurance Co. Ltd. Vs. Blanny C. D’Souse II (2009) CPJ 110 (NC).  We have also come across through few authorities one is by the Apex Court reported in United India Insurance Company Limited and others vs. Roshan Lal Oil Mills and others 2000(10) SCC 19 and the recent case decided by a bench headed by Hon’ble Mr. Justice Ashok Bhan in D. N. Badoni vs. Oriental Insurance Co. Ltd. I (2012) CPJ 272 (NC), wherein it was held that it is well settled law that a surveyor’s report has significant evidencing value unless it is proved otherwise which petitioner has failed to do so in the instant case.

The case of the petitioner is lame of strength and therefore, the same is dismissed.