O R D E R SRI. JIMMY KORAH (PRESIDENT) Complainant is a holder of Gosuraksha cattle insurance for three years from 1.9.2006. The insured cow has bearing Tag No.3250. After the commencement of policy said cow was disabled and had became non-yielding. Hence complainant preferred a claim before the opposite party. Opposite party repudiated the claim. Against the repudiation complainant preferred the complaint before this Forum. 2. Opposite party filed version stating that on perusal of documents the insured cow was disabled before commencement of policy. Hence as per the terms and conditions of the policy claim was repudiated. Repudiation of the claim is valid and correct. 3. Considering the contentions of the complainant and opposite party this Forum raised the following issues:- a. Whether the complainant is entitled for claim amount and compensation from the opposite party establishing the deficiency as averred in the complaint? 4.Compalinant filed proof affidavit. Opposite party field 4 documents and marked it as Exts.B1 to B4. 5. Main contention of the opposite party is that as per exclusion clause No.9 Company is not liable to pay compensation to the complainant. Exclusion Clause 9 in Ext.B1 is as follows: “Permanent total disablement relating to reproductive disorders or milk yield below economic levels reported within 4 months of commencement of the cover.” It is pertinent to note that the date of commencement of policy is on 1.9.2006. As per the treatment records and medical certificate (Exts.B2, B3 & B4) the insured animal was suffering from diseases from 9.12.2006 and production was lost. This is within 4 months from the date of commencement of policy. Hence we find that the repudiation is true and correct. Complainant has not produced any documents for impeaching the contention of the opposite party. On the above said reasons we find that the reason stated in the repudiation letter is true and correct. Hence we dismissed the complaint. No order on cost. Complaint dismissed. Pronounced in open Forum on this the 28th day of May, 2008. Sd/- Sri. Jimmy Korah: Sd/- Sri. K. Anirudhan: Sd/- Smt. N. Shajitha Beevi: Appendix:- Evidence of the complainant:- PW1 - Harshan (Witness) Evidence of the opposite party:- Ext.B1 - Policy Ext.B2 - Livestock claim form Ext.B3 - Permanent total disability certificate Ext.B4 - Letter dated 30.3.2007 // True Copy // By Order Senior Superintendent To Complainant/Oppo.party/S.F. Typed by:-pr/- Compared by:-
......................JIMMY KORAH
......................K.Anirudhan
......................Smt;Shajitha Beevi | | 
