Case No.29/2018   

IN THE MATTER OF

Smt Lata Singh  W/o Sri Dheerendra Pal Singh R/o Nagla Lala Post Kathera Distt. Aligarh

(Through: Advocate Ved Prakash Sharma)

                                                         V/s

Divisional New India Insurance Company Ltd. Akasdeep Building Samad Road, Aligarh

                                            (Through: Advocate Farrukh Saeed)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

(a) Op be directed to pay assured sum Rs.17000/.

(b) Expenses Rs.5000/ incurred by the complainant be paid.

(c) Litigation expenses Rs.10000/ be awarded.

(d) Compensation Rs.15000/ be awarded.

2. The Complainant stated that she had purchased  cows under self - employment scheme Kam Dhenu with the financial assistance given by the bank. One cow ear tag no. 10029NIA was insured with the Op and that cow suddenly died on 12.10.2017. On 13.10.2017 postmortem was conducted  by the veterinary doctor and claim was moved  which was made no claim.
3.  Op submitted in WS that the investigator investigated the death of insured cow and found that the alleged cow was not insured and complainant has claimed damages showing the death of the cow that was not insured. It is also alleged that as per health certificate, the color of the insured cow was black and white whereas the color of the cow of which claim was moved was of black color.
4. Complainant has filed his affidavit and papers in support of his pleadings.  Op has also filed his affidavit and papers  in support of his pleadings
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has not given the identification mark of the insured cow whereas OP has stated that the color of the dead cow was different from the color of the insured cow. OP has also filed photo of the dead cow and the health certificate of the insured cow which show that the color of the insured cow was black and white whereas the investigator has found that the color of the dead cow was black. Thus the identification of dead cow is not established with that of insured cow. Accordingly complainant’s case is not made out and Complainant is not entitled to any relief.
8.   The question formulated is decided against the complainant.
9.  We hereby dismiss the Complaint.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.