Petitioner/complainant had taken Standard Fire & Perils Policy (Material Damage) from respondent insurance company. Due to heavy rains on 22nd and 23rd June, 2007 flood water entered and logged into all the basement godowns, as a result of which the goods stored there were damaged. Petitioner filed a claim of Rs.4,79,306/- with the respondent insurance company which was repudiated on the -2- ground that cause of loss was ‘Heavy Rainfall’ and the same is not covered under the scope of the policy. Aggrieved by this, petitioner filed the complaint before the District Forum. District Forum vide its order dated 24.10.2008 partly allowed the complaint and directed the respondent insurance company to pay Rs.97,791/-, as assessed by the Surveyor, along with interest @ 9% p.a. to the petitioner. Plea of the respondent that the loss was not covered under the policy, was over ruled. The insurance company did not file any appeal against the order of the District Forum. Petitioner filed an appeal before the State Commission claiming the claimed amount. The State Commission has dismissed the appeal. We agree with the submission of learned counsel for the petitioner that the report of Surveyor is not sacrosanct and can be challenged by producing some other evidence to show that the report of the Surveyor is not correct. Unfortunately, in the present case, the petitioner did not lead any evidence to rebut the finding recorded by the Surveyor. The report of the Surveyor is an important -3- piece of evidence which cannot be lightly brushed aside. We agree with the view taken by the fora below. Revision petition is dismissed. No costs.
......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER | | 
