RAJASHREE AGARWALLA,MEMBER:-
Illegal repudiation of claim of Complainant’s dead insured cow are the allegations arrayed against Ops treating as deficiency in service.
2. Complaint, in brief reveals that, Complainant being a marginal farmer purchased one Bovin/CBZ grey colour Michy Cow being sponsored by Govt. of Odisha. The Cow was insured with United Insurance Co. Ltd. for an amount of Rs. 40,000/-. The Complainant has paid Rs. 230/- as his share towards payment of premium amount of the said cow. The Insurance of the cow was valid from 18.09.2015 to 17.09.2016 (Annexure-1). The eartag no. of cow was 31000373915. The Op- veterinary Deptt. also issued a Cow/Buffalo Card (Annexure- 2). It is revealed that, unfortunately the said cow of the complainant was died on 22.07.2016 due to disease, on intimation, the veterinary surgeon conducted the Post Merton of dead cow and opined that the Cow died due to disease. Accordingly, a written claim was lodged before the veterinary Office for release of sum assured an event of death of Cow. But the Op-Insurance Company vide their letter bearing No. 260201/Cattle C1/2016-17100240 dtd. 04.07.2017 rejected the claim, which according to complaint is not valid ground of repudiation. Complainant preys this Forum seeking a direction to Op-Insurance Company to release insured amount of Rs. 40,000/- alongwith 6% simple rate of interest from dt. 28.07.2016 to till its realization and to pay Rs. 25,000/- as compensation for mental agony adding the cost of litigation.
3. Upon Notice the Op- No.2 Chief District veterinary Officer filed documents i.e, copy of forwarding letter of claim, copy of premium deposit slip, copy of letter schedule deposit of premium amount written statement of OpNo.2 C.D.V.O., Kendrapara lacks the fact in details excepting filing certain documents, and OpNo.1 did not prefer to appear, hence, set-exparte on 25.06.2018. Notice was served to Op-United Insurance Company through Regd. Post with A.D. and Op-Insurance Company appeared into the dispute through their Ld. Counsel Mr. Md. Nayeem on 07.05.2018 but did not prefer to file any written statement to defend their case, accordingly U/S13(2)(b)(ii) of C.P.Act 1986, the Op- Insurance Company set ex-parte by this Forum on 11.07.2018. The Op-insurance company filed written statement on 20.08.2018, same is a part of case record.
4. Heard the authorized representative of complainant and case of the Opno.2, chief Dist. Veterinary Officer on merit and ex-parte hearing against Op No.1 &3. On perusal of complaint and documents filed by the parties, the facts of the case are that, Complainant’s Bovin/CBZ Cow was insured with Op-Insurance Company for an amount of Rs. 40,000/- with eartag no. 310003739135. The group proposal cum-schedule for OLRDS-CP livestock Insurance scheme-ODISHA 2014-15 filed by the complainant and OpNo.2, C.D.V.O., Kendrapara, reveals that in serial No. 565, the Complainant’s cow was insured and insurance covers for a period from 18.09.2015 to 17.09.2016. In support of payment of premium amount to Op-Insurance Company Op No.2 files Xerox copy of deposit slip. Thus it is crystal clear that, during valid period of Insurance coverage the insured cow died. Complainant files the repudiation letter of claim dtd. 04.07.2017 as ‘No claim’. As per our earlier observation the cow died during the valid period of Insurance and the repudiation of claim is illegal and bad in law and complainant-claimant deserves the insured amount alongwith other financial benefits as per the terms & conditions of the Policy, Op No.1&2 has no role to play so far the allegations are concerned.
Having observations reflected above, it is directed that, Op-United Insurance Company Ltd. shall release an amount of Rs. 40,000/-(Rs Forty thousand only) in favour of the Complainant-claimant alongwith prevailing simple rate of interest calculating from dt. 28.07.2016 to till its realization alongwith Rs. 500/- as cost of litigation. The order is to be carried out within one month of receipt of this order, failing which action will be initiated as per the provisions of C.P.Act-1986.
Complaint is allowed in part on contest against OpNo.2 and on ex-parte against OpNo.1&3.
Pronounced in the open Court, this the 7th day of January,2019.
I, agree.
Sd/- Sd/-
RESIDENT MEMBER
