IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of November, 2009
Filed on 11.03.2008
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.51/2008
between
Complainant:- Opposite Party:-
Smt.Devayani The United India Insurance Co. Ltd.
Anil Bhavanam Represented by its Branch Manager
Ulavukadu Muri Pandalam, Grace Plaza
Palamel Village M.C. Road, Pandalam
Nooranadu P.O., Mavelikara (By Adv. C.Muraleedharan)
(By Adv.K. Aaravind)
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The case of the complainant is that she was insured her animal with the opposite party for a period from 10.07.2007 to 9.7.2010. The said animal fell ill and permanently disabled. Thereupon she preferred a claim before the opposite party. The said claim was repudiated by the opposite party. Hence this complaint filed.
2. Opposite party filed version stating that the said animal fell ill on 10.7.2007. As per the terms and conditions of the policy, opposite party is not liable to pay compensation if the animal fell ill within 15days from the commencement of the policy. Hence the repudiation of the claim is legal and proper.
3. Complainant filed proof affidavit and filed 5 documents which are marked as Exts. A1 to A5. Opposite party filed proof affidavit and marked 5 documents which are marked as Exts.B1 to B5.
4. Considering the rival contention of both parties this Forum framed following issues?
Whether there is any deficiency of service on the part of the opposite parties?
5. As per Ext.B2 policy condition, there is condition that “the company is not liable to the claim in the event of death of insured animal due to disease occurring within 15 days from the commencement of risk.” Admittedly the policy starts from 10.7.2007. As per Ext.B3, the animal was first seen ill on 10.7.2007. Hence as per the terms and conditions of the policy, the claim is not payable. Hence repudiation of the claim is legal and proper. Hence the complaint is dismissed. There is no order on cost.
In the result, complaint dismissed.
Pronounced in open Forum on this the 30th day of November, 2009.
Sd.- Sri. Jimmy Korah:
Sd/- Sri.K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - PW1(Witness)
Ext.A1 - Copy of the policy
Ext.A2 - Copy of the cattle claim form
Ext.A3 - Cattle insurance proposal form
Ext.A4 - Copy of the letter dated 24.8.07
Ext.A5 - Copy of the letter dated 6.12.2007
Evidence of the opposite party:-
Ext.B1 - Copy of the policy
Ext.B2 - Cattle policy conditions
Ext.B3 - Copy of the cattle claim form
Ext.B4 - Copy of the letter dated 6.12.2007
Ext.B5 - Copy of the investigation report
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
