Approved surveyor reports are not conclusive; consumer fora may assess insured loss using credible bills and vouchers.

An approved surveyor's report under Section 64-UM(2) of the Insurance Act is relevant to claim settlement but is not binding or conclusive on the insurer or the insured. The insurer may depart from the assessment on proper material, and the report serves as the basis for settlement rather than the final measure of loss. Consumer fora may therefore rely on credible proof of actual expenditure, including bills, vouchers and receipts, when determining repair and incidental costs. Where such evidence shows the actual loss, it can justify an award even if it differs from the survey assessment.

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Issues: (i) Whether the report of an approved surveyor under Section 64-UM(2) of the Insurance Act, 1938 is binding and conclusive on the insurer and the insured; (ii) Whether the consumer fora were justified in accepting the insured's bills and vouchers and awarding the amount claimed for repair expenses and incidental charges.

Issue (i): Whether the report of an approved surveyor under Section 64-UM(2) of the Insurance Act, 1938 is binding and conclusive on the insurer and the insured.

Analysis: Section 64-UM(2) requires the loss to be first assessed by an approved surveyor where the claim exceeds the statutory threshold, but the proviso preserves the insurer's power to settle the claim at an amount different from the assessment. The report of the approved surveyor is therefore only the basis for settlement and not the final word. It is not sacrosanct or conclusive and can be departed from on proper material.

Conclusion: The surveyor's report is not binding or conclusive.

Issue (ii): Whether the consumer fora were justified in accepting the insured's bills and vouchers and awarding the amount claimed for repair expenses and incidental charges.

Analysis: The claim was supported by original vouchers, bills and receipts showing actual expenditure on repair of the damaged vehicle. The consumer fora preferred this evidence over the survey assessments, particularly when the vehicle had suffered extensive damage in the accident and the insurer had withheld one of the survey reports relied upon by it. The award was based on proved actual expenses and related charges.

Conclusion: The consumer fora were justified in awarding the claim amount on the basis of the evidence produced.

Final Conclusion: The appeal failed and the concurrent orders directing payment to the complainant were left undisturbed.

Ratio Decidendi: An approved surveyor's report under Section 64-UM(2) of the Insurance Act, 1938 is a relevant basis for settlement of a claim but is not conclusive, and consumer fora may rely on credible evidence of actual loss and expenditure to determine the payable amount.

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