By. Smt. Saji Mathew, Member:-

The gist of the case is as follows:- The complainant bought a cow availing a loan from the 2^nd opposite party. The cow was insured with the 1^st opposite party through the 2^nd opposite party on the basis of certificate given by the 3^rd opposite party. In the certificate issued by the 3^rd opposite party the tag number of the cow was shown as 420003/133553 instead of 420003/135553. Then as per the request of the complainant the 3^rd opposite party has corrected the error and informed the matter to the 1^st opposite party. Following the death of the insuredcow, the complainant filed claim along with other documents with the 2^nd opposite party. The 2^nd opposite party immediately sent the claim to United Insurance company instead of National Insurance company. Then the claim was filed with the 1^st opposite party. The 1^st opposite party has not allowed the claim till this date. The complainant has sustained financial loss and hardship due to the deficiency in service on the part of all the opposite parties. Hence the complainant prays for an order directing the opposite parties to pay a compensation of Rs.50,000/- and to pay the insurance amount and other costs.

2. The 1^st opposite party filed their version and admitted that they have insured a cow owned by the complainant. The tag number of the cow was 420003/133553 vide policy No.570309/47/10/9400000955. The liability of the 1^st opposite party if any is strictly limited to the term and conditions of the policy. The complainant had submitted a claim on 18.05.2011. The tag number produced by the complainant was 420003/135553. But the insured cow was tagNo.420003/133553. Thereafter the complainant had submitted a certificate issued by Dr. Jayesh.V. But the 1^st opposite is not able to correct the policy after the death of the cow and after lapse of 8 months after the death of the cow. The complainant had not informed the 1^st opposite party immediately after the death of the cow and had not given a chance for inspection. The claim form is given only 9 months after the death of the cow. So, the 1^st opposite party prays for the dismissal of the complaint.

3. The 2^nd opposite party has not appeared before the Forum and hence was set exparte.

4. The 3^rd opposite party filed version and stated that the complainant is not a consumer as far as he is concerned. The complainant has not paid anything as consideration to the 3^rd opposite party. The complainant's wife had got a cow from the Vengapally panchayath on subsidy rate during the period 2008-2009. This cow was insured with 1^st opposite party for Rs.20,000/-. The proposed form for that policy was certified by the 3^rd opposite party. On preparing the proposal form the tag number was written as 420003/133553. The real tag number was 420003/135553. The error was not intensional. Then the same cow was insured with the 1^st opposite party in the name of the complainant. In this proposal form also the tag number was shown as 420003/133553 because it was the continuation of the previous policy. On death of the cow valuation certificate was given by Dr. Thara and the tag number was correctly noted as 420003/135553. The 3^rd opposite party on convincing the error, given a certificate to the 1^st opposite party clarifying the error in noting the tag number. The description of the cow given in the proposal form of the policy in the name of the complainant and in the name of complainant's wife, and the description of cow given in the valuation certificate with the claim are the same.The cow insured and the cow which is dead is the same. There is no deficiency in service on the side of the 3^rd opposite party. There is only an innocent human error and he has corrected that. So he prays for the dismissal of the complaint as against him.

5. The complainant was examined as PW1 and documents were marked as Ext.A1 to Ext.A5 on the side of the complainant. Opposite party No.1 was examined as OPW1 and opposite party No.3 was examined as OPW2. Documents were marked as Ext.B1 to B 10 on the side of the opposite parties.

6. The matters to be decided are:-

1. Whether there is any deficiency in service on the side of the opposite parties?

2. Whether the complainant is entitled for any relief?.

7. Point No.1 :- Opposite party No.1 admits that there is a policy in the name of the complainant regarding a cow vide tag No.40003/133553. The claim is filed for the cow of the same description. But the tag number is 40003/135553. The opposite party No.3 has given certificate Ext.A2 clarifying and correcting the error in noting the tag number. It shows that the tag number was mistakenly noted as 40003/133553 instead of 40003/135553. On Ext.A1 the proposal form and Ext.A3 the claim form, the description of the cow is the same. Difference in the tag number is explained by Ext.A2. Then the other objection of opposite party No.1 is that the claim is filed only after 8 months of the death of the cow. That delay was explained by Ext.A4. Ext.A4 shows that the claim was mistakenly sent to United Insurance company instead of National Insurance Company. Hence it is found that the complainant has suffered loss and hardship due to the negligence of opposite party No.2 and opposite party No.3. As there is no consideration paid by the complainant for the service of opposite party No.3, the complainant is not entitled for any relief from opposite party No.3. But after receiving the premium amount from the complainant opposite party No.2 has negligently handled the claim of the complainant. Opposite party No.1 has not allowed the claim after convincing about the genuinity of the claim sticking on formalities. Hence point No.1 is found against opposite party No.1 and opposite party No.3.

8. Point No.2 :- The complainant is entitled to get the policy amount from opposite party No.1. He is also entitled for a reasonable cost and compensation from opposite party No.2.

Hence the opposite party No.1 is directed to pay the insurance amount of Rs.20,000/- (Rupees Twenty Thousand Only) to the complainant. Opposite party No.2 is directed to pay a cost and compensation of Rs.2,000/- ( Rupees Two Thousand Only) to the complainant. The opposite parties are also directed to pay interest on the ordered amount at the rate of 10% per annum from the date of this Order till payment. This Order is to be complied within 30 days of the receipt of this Order.

Pronounced in Open Forum on this the day of 30^th December 2011.

Date of Filing:14.06.2011.