DISTRICT CONSUMER DISPUTES REDRESSAL FORUM Civil Station, Palakkad – 678001, Kerala
Dated this the 31st day of May, 2010
Present: Smt.Seena.H, President Smt.Bhanumathi.A.K, Member
CC.No.103/2009
Saleesh.K.S S/o.Sreedharan Kottungal House Mahatma Road Venginissery Paralam.P.O Thrissur 680 001 - Complainant (By Adv.A.V.Ravi)
Vs
1. The Branch Manager, M/s.United India Insurance Co. Ltd. Branch Office Palakkad (By Adv.K.Lakshminarayanan)
2. M/s.United India Insurance Co. Ltd. 4th Floor, Pathayapura Near Ragam Theatre Round South Thrissur - Opposite parties
O R D E R
By Smt.Seena.H, President
Case of the complainant:
Complainant owned and possessed an elephant named Haridas. The elephant was acquired by the complainant, when he purchased it for a valid consideration from the predecessor Mr.Kanneth Bava alias Kunhamad under a valid sale contract dt.1.9.2005. Complainant insured the elephant with the opposite parties vide policy No.100606/47/06/34/00000547. The policy covered the period from 7/11/06 to 6/11/07. While the said policy was alive the elephant died on 28/5/07 at Sholayur in Mannarkkad
Taluk. Complainant prepared a claim for compensation for the death of elephant. Claim was for compensation of Rs.3,80,000/-. The opposite parties were duly informed about the death of the elephant immediately after the death and as per their direction elephant was subjected to postmortem at Veterinary College, Thrissur. The postmortem report dt.15/6/07 was also submitted along with the claim petition. Complainant submitted all the documents including claim form, ownership certificate, postmortem report, certificate of chemical analysis, newspaper cutting etc. with the opposite parties. The investigator of the opposite party company sought clarification regarding ownership of the elephant. The sale contract dt.1/9/05 was also produced before the opposite parties. Opposite parties has not so far taken any positive steps to disburse the claim amount. Complainant issued a lawyer notice to the opposite parties. Even though the notice was served opposite parties has not replied. The act of opposite parties clearly amounts to deficiency in service on their part and hence the complaint.
Complainant prays an amount of Rs.3,80,000/- being the claim amount together with Rs.70,000/- as compensation.
Opposite party 1 filed version. Opposite party No.2 was set ex-parte. 1st opposite party contented that the complainant has not insured any elephant by name Haridas with the 1st opposite party and the complainant has to implead the real branch office in which the said elephant was insured. Further submitted that complainant admittedly is not holding the ownership certificate issued by the Forest Department which is a mandatory one. As per their contention, supplemental 2nd opposite party was impleaded. It is further submitted that if the insured has violated any of the policy conditions, insurer has got every right to cancel the liability of indemnifying the insured.
The evidence adduced consists of affidavit of complainant and Exts.A1 to A4 marked on the side of complainant. Opposite parties has not filed any affidavit. No documentary evidence on the side of opposite parties.
Issues for consideration; Whether there is any deficiency in service on the part of opposite parties? If so, what is the relief and cost complainant is entitled to?
Issues 1 & 2: On going through the records, it is evident that the elephant was validly insured with the opposite party No.2. The reason stated for the delay is disbursing the claim amount is due to the non production of ownership certificate. It is evident from Ext.A2 that elephant was insured with the 2nd opposite party during the period from 7/11/2005 to 6/11/2006. Thereafter the policy was renewed for the period from 7/11/2006 to 6/11/2007. Ext.A1 is the Sale Deed which go on to show that the complainant is the owner of the said elephant. Opposite party No.1 has raised a contention that the complainant is not the owner of the elephant insured. Accepting the premium through the period of the policy and denying the claim when it arises is not fair on the part of opposite parties. Opposite parties ought to have insisted for the production of the ownership certificate issued by the Forest Department at the time of availing policy itself, if it was a mandatory one for claiming insurance amount. It is seen that the opposite parties has not raised any doubt regarding the ownership through out the period of the policy and has accepted the premium. Ext.A1 clearly shows that the complainant is the owner of the elephant insured. Moreover, opposite parties has not filed any affidavit or adduced any documentary evidence to prove their contentions. It is settled law that the onus of proof regarding violation of the policy conditions is upon the insurer. In view of the above stated facts and circumstances of the
case, we are of the view that the complainant is entitled for the claim amount and delay in disbursing the same amounts to deficiency in service on their part. It is evident from records that the elephant was insured with the 2nd opposite party. Hence 2nd opposite party alone is liable for payment of the claim amount and compensation.
In the result complaint allowed. 2nd opposite party is directed to pay complainant an amount of Rs.3,80,000/- (Rupees Three lakhs and eighty thousand only) being the claim amount together with Rs.30,000/- (Rupees Thirty thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within one month from the date or receipt of the order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.
Pronounced in the open court on this the 31st day of May, 2010 Sd/- Seena.H President Sd/- Bhanumathi.A.K, Member Appendix Date of Filing: 04/08/2009 Witnesses examined n the side of complainant
Nil
Witnesses examined n the side of opposite parties
Nil
Exhibits marked on the side of complainant
Ext.A1 – Sale Deed Ext.A2 – Elephant Insurance Policy No.100606/47/05/00659 for the period from 7/11/05 to 6/11/0
Ext.A3 – Elephant Insurance Policy No.100606/47/06/00000547 for the period from 7/11/06 to 6/11/07 Ext.A4(Series) – Photocopy of lawyer notice, acknowledgement card, postal receipt etc.
Exhibits marked on the side of opposite parties
Nil
Cost (Allowed)
Rs.1,000/- (Rupees One thousand only) as cost
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | , | | 
