By Smt. C.S. Sulekha Beevi, President<br /> <br /> <br /> 1. Brief say of the case of the complainant is as follows:-<br /> Complainant had insured his cow for Rs.8000/-. During the currency of the policy the health of the cow deteriorated and the cow failed to conceive even after third successive insemination. <br /> <br /> <br /> Complainant preferred permanent total disability claim before opposite party along with necessary documents. Later the animal was sold by complainant and sale deed along with ear tag was also produced. Opposite party issued a cheque for Rs.3000/- and complainant was made to sign in some papers written in English. That when he protested he was threatened by 2nd opposite party. Hence this complaint praying compensation of Rs.8000/- under the policy, Rs.5000/- for mental agony, Rs.3000/- as expenses for looking after the cow for 4 months and litigation costs.<br /> <br /> 2. Opposite parties filed joint version specifically denying the allegations in the complaint. It is stated that as per records produced and terms and conditions of the policy complainant was eligible for Rs.3000/- which was paid by cheque dated 04-6-03. That complainant received the amount in complete satisfaction of the claim without demur and is estopped from raising any issue later. There is no deficiency in service and complaint is liable to be dismissed.<br /> <br /> 3. Evidence consists of affidavits filed by both sides. Exts.A1 to A8 marked on the side of complainant. Ext.B1 to B6 marked on the side of opposite party.<br /> <br /> 4. Admitted facts of the case are that complainant had insured his cow for Rs.8000/- and that Rs.3000/- was paid towards the permanent total disability claim preferred by complainant. Ext.B4 is the discharge voucher signed by complainant. Admittedly the amount has been encashed by complainant. He is therefore estopped from raising any issue unless and until there is any fraud on the part of opposite party in obtaining the discharge. Complainant contends that the amount was received with protest. The burden rests upon the complainant to prove that the discharge voucher was obtained<br /> <br /> <br /> by fraud, misrepresentation, undue influence or the like. Apart from the vague affirmation in the affidavit that he was made to sign in some papers written in English there is no evidence adduced to prove any fraud on the part of opposite party. Hence the contention is untenable. Considering the merits of the case the amount payable as per Ext.B1 policy conditions is 50% of the sum insured or market value of the animal whichever is less. Ext.A5 is the claim form in which the value of animal is declared by complainant as Rs.6000/-. Complainant is eligible to receive Rs.3000/- which has been paid by opposite party. We find opposite party not deficient in service.<br /> <br /> 5. In the result, complaint dismissed. No order as to costs.<br /> <br /> Dated this 8th day of April, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A8<br /> Ext.A1 : Certificate of Insurance – Kamadhenu Insurance Scheme with <br /> terms and conditions <br /> Ext.A2 : Photo copy of the receipt of Insurance premium issued by <br /> opposite party to complainant.<br /> Ext.A3 : Photo copy of the letter dated, 06-2-2003 sent by Veterinary <br /> Surgeon, Thiruvali to opposite party.<br /> Ext.A4 : Photo copy of the letter dated, 05-4-2003 sent by Veterinary <br /> Surgeon, Thiruvali to opposite party.<br /> Ext.A5 : Cattle Claim form dated, 4-4-2003 submitted by complainant<br /> to opposite party<br /> Ext.A6 : Photo copy of the registered notice dated, 27-5-2003 with postal <br /> receipt sent by complainant to opposite party.<br /> Ext.A7 : Notice dated, 26-5-2003 sent by opposite party to complainant.<br /> Ext.A8 : Photo copy of the lawyer notice dated, 9-6-2003 issued by complainant's<br /> Counsel to opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B6<br /> Ext.B1 : Copy of policy issued by opposite party to complainant.<br /> Ext.B2 : Veterinary Certificate dated 10-4-2003 issued by Veterinary <br /> Surgeon to complainant.<br /> Ext.B3 : Letter dated, 4-4-2003 from Dr.M.Ummer, Deputy Director<br /> (Ani.Husb.)Rtd. To opposite party.<br /> Ext.B4 : Settlement Intimation Voucher.<br /> Ext.B5 : lawyer notice dated, 9-6-2003 issued to opposite party by <br /> complainant's Counsel.<br /> Ext.B6 : Copy of reply lawyer notice dated, 16-6-2003 by opposite party's<br /> counsel to complainant's counsel.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />