NEW INDIA ASSURANCE CO. LTD. vs PRADEEP KUMAR

The Supreme Court upheld the decision of the lower consumer forums, affirming that the insurance company exhibited deficiency in service under Section 2(1)(g) of the Consumer Protection Act, 1986 by failing to adequately compensate the complainant for the damages to his vehicle. The Court emphasized that the loss assessment by approved surveyors under Section 64-UM(2) of The Insurance Act, 1938 is binding unless proven otherwise, but found that the insurance company did not provide sufficient evidence to contest the complainant's claims. Consequently, the Court ordered the insurance company to pay the claimed amount along with interest and costs.