The Insurance Company does not allow the claim lodged by the insured without assessing the loss and damages. Therefore the assessment of loss is required to settle the same. But the practice of insurance company to get favorable survey report by the appointment of one after another should be restrained. The view discussed by the apex court in different matter must come into force that the Insurance Company can not take advantages from the favorable survey report by retaining one after another surveyor.
As per sub-section (3) and (4) of Section 64UM of the Insurance Act, 1938, the insurer cannot appoint second surveyor just as a matter of course. If the report of the surveyor or loss assessor is not acceptable to the insurer it must specify reasons but it is not free to appoint second surveyor. Appointment by the insurer of a second surveyor itself would be a reflection on the conduct of the first surveyor.
Surveyor or loss assessor is duty bound to give a correct report. If the insurer-Insurance Co. finds that surveyor or loss assessor has not considered certain relevant points or has considered irrelevant points or for any other account it has reservation about the report, it can certainly require the surveyor or loss assessor to give his views and then come to its own conclusion, but insurer cannot certainly appoint a second surveyor-cum loss assessor to counter or even contradict or rebut the report of the first surveyor.
The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-declaring whether he has any interest in the subject-matter in question or whether it pertains to any of his relatives, business partners or through material shareholding; Explanation: For the purpose of this clause ‘relatives’ shall mean any of the relatives as defined in Subsection (77) of Section 2 of the Companies Act, 2013;Bringing to the notice of the Authority, any change in the information or particulars furnished at the time of issuance of license, within a period not exceeding fifteen days from the date of occurrence of such change, that has a bearing on the license granted by the Authority.
maintaining confidentiality and neutrality without jeopardising the liability of the insurer and claim of the insured;
conducting inspection and re-inspection of the property in question suffering a loss;
examining, inquiring, investigating, verifying and checking upon the causes and the circumstances of the loss in question including extent of loss, nature of ownership and insurable interest;conducting spot and final surveys, as and when necessary and comment upon franchise, excess/under insurance and any other related matter;estimating, measuring and determining the quantum and description of the subject under loss.
when a claim is filed, there could be differences between what an insurer and the insured believe the actual loss in a particular situation to be. Accordingly, if there is a claim that is expected to go beyond a certain defined limit under a general insurance policy, the insurer sends a surveyor or a loss assessor to determine the damage. Ideally, the surveyor and loss assessors are expected to observe the damage and submit their report about it independent of the insurer and the insured.They play a vital role in general insurance claims. Let us read a little more about them. A surveyor is essentially a professional link between the insured and the insurer. An individual or a corporate entity willing to be a surveyor and loss assessor has to undergo an application process, as decided by the Insurance Regulatory and Development Authority of India (Irdai). Irdai has defined the specific eligibility criteria for different kinds of surveyors. For instance, to become a surveyor and loss assessor for motor insurance, one must have qualifications in mechanical or automobile engineering. Surveyor for marine insurance requires qualifications in marine engineering or naval architecture; and surveyor of a crop insurer requires a degree in agricultural sciences. Irdai maintains a list of all the surveyors in the country on its website. Surveyors come into the picture when estimated losses are in excess of Rs50,000 for a motor insurance claim and over Rs1 lakh in other insurance claims, such as for fire or marine insurance. Irdai reviews these limits every 3 years. The surveyor can be appointed either by the insurer or the insured. However, the surveyor’s report is not binding on the insurer.
In case the insured is not satisfied by the final settlement offered by an insurer, she can approach the insurance ombudsman. Technically, even an insured can appoint a surveyor. However, it might be difficult for you to appoint one. The terms related to surveyors and loss assessors in most insurance policies make it difficult for an insured to appoint a surveyor. Moreover, insurers have an institutional mechanism in place to appoint these professionals and pay them their fees. If you want to appoint your own surveyor, you would have to pay for it. A surveyor and loss assessor, whether appointed by insurer or insured, is expected to submit the report to the insurer within 30 days of being appointed—and a copy of the report to the insured as well, with comments on the assessment of loss. If required, the surveyor can seek an extension while keeping the insured informed about the same. However, regardless of any extensions, a surveyor has to submit the report within 6 months from the date of appointment. If the insurance company finds a survey report to be incomplete, it can ask the surveyor for an additional report, which needs to be submitted within 3 weeks. Such an additional report can be sought only one time during a single claim cycle. So, if you feel that a claim that you are about to lodge could be more than Rs50,000 for a motor insurance or Rs1 lakh for other general insurance policies, maintain all the records of the accident or the insured event. Try not to disturb the scene where the accident or incident took place. It is also your responsibility to cooperate with the surveyor.