respondent without any inkling to the claimant had already decided to approve Rs.1,53,04,403/- on NonStandard Basis . Record reveals that the claimant from the very inception was insisting for the payment of its loss of Rs.4,92,94,702/- which was not acceded to by the respondent. So much so, the respondent did not release the 'on-account' payment to the claimant to enable it to re-instate the machinery; it also did not grant extension beyond one year to re-instate the property knowingly that the claimant had already reinstated major part of the property and was in the process of reinstating the remaining one. At no stage prior to sending the email dated 21.03.2022, the claimant had agreed or given its consent to the amount of Rs.1,53,04,403/- approved by the respondent. Affidavit-cum-consent letter (at page 142 of SOC) executed by the claimant records that keeping in mind the deficiencies pointed out by the surveyor about inadequate safety measures and absence of fire NOC, the claimant was agreeable to give a unconditional and free consent to accept the loss assessed by the company on Non-Standard Basis on Rs.1,53,04,403/- as full and final settlement of their claim and not to raise any issue in future about the claim. This consent letter was on a printed pro-forma/format furnished by the respondent as averred. From this document, it reveals that for the first time the claimant was informed about the assessment of loss of Rs.1,53,04,403/- by the respondent. It is on record that the respondent had not shared the final survey report with the claimant and had not given any basis for arriving at the said amount of settlement. No reasons have been given by the
