This C.C coming on before us for final hearing, on 7-11-2008 in the presence of Sri.D.Krishna Rao, Advocate for Complainant, and in the presence of Sri. Y.Subrahmanyam, Advocate for the opposite party ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri.K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;
2. The brief facts of the complaint are that the complainant was the owner of the deceased she buffaloe assured which died on 16-9-2006. During the life time of buffaloe the complainant had taken life Insurance policy to the she buffaloe through M/s. P.A.C.S.Kalakodima village from opposite party vide policy No.550400/47/05/94/00000398 for a sum of Rs.15,400/- the said policy commencing from 9-3-06 to 8-3-2007 for identification of said she buffaloe the opposite party had issued a tag No.00630/NTC to the buffaloe. The complainant has submitted all the necessary claim forms along with idenfication tag of the said she buffaloe to the opposite party for settlement and release of assured claim.
3. But the opposite party issued a letter to the complainant dated 28-11-2006 by refusing the claim of the complainant stating that on a claim form the complainant mentioned the date of death of she buffaloe as on 16-8-2006 and the veterinary doctor who has conducted the post mortem of the said she buffaloe as 16-9-2006 which is contradiction.
4. In fact after the death of the she buffaloe the complainant approached the opposite party and intimated the death of she buffaloe through an application. On application it is clearly mentioned that the date of the death of animal she buffaloe was 16-9-2006. Hence this complaint to direct the opposite party to pay an amount of Rs.15,400/- assured amount and Rs.35,000/- towards mental agony, loss of earnings and deficiency of service in total Rs.50,400/- with interest @ 24% P.A. in favour of the complainant.
5. The complainant filed her affidavit along with the following documents;
Ex A1:Claim form of she buffaloe filed by the complainant before the opposite party.
Ex A2: A letter issued by the complainant to the opposite party .Ex A3: Repudiation letter by the opposite party, dated 28-11-06.
6. The opposite party filed the following counter:
As per the claim form submitted by the complainant the date of death animal shown as 16-9-2006 and the veterinary doctor who has conducted the Post mortem of the deceased animal as 16-8-2006 which is contradictory one, as such this opposite party is not liable to pay any claim to the complainant.
It is submitted that animal was not given any treatment prior to its death. As per conditions No.4 & 6 of the cattle Insurance Policy, the insured shall give notice in writing to the company of any illness or lameness of or accident or injury of animal to the insurance company and in the event of the illness or accident the insured shall at his own expenses immediately to obtain the services of a qualified veterinary surgeon and cause the animals to be properly treated.
The insured claim Rs.35,000/- towards mental agony, loss of earnings and deficiency of service Rs.15,400/- towards assured amount, in total an amount of Rs.50,400/- are excessive and without any basis. The opposite party filed certified copy of policy which was marked as Ex B1.
Hence , prayed the Hon’ble Forum may be pleased to dismiss the complaint.
7. The point for consideration is whether the complainant is entitled to the claim as prayed for?
8. It is an admitted fact that the she buffaloe was insured to the opposite party for a sum of assured Rs.15,400/- from 9-3-06 to 8-3-07.
9. The only contention raised by the opposite party was that the complainant submitted the claim form inr which it was mentioned that the death of death of she buffaloe was 16-9-2006 but where as the veterinary doctor conducted the postmastrum examination as on 16-8-2006. To prove this contention the opposite party did not file any documents. More over the complainant filed Ex A2 addressed a letter to the opposite party in which it was mentioned that the date of death of animal was on 16-9-2006 at about 8-30A.M.
10. Another contention raised by opposite party was that as per conditions No.4 & 6 of cattle Insurance policy the complainant shall give notice to the complaint of any illness or lameness or accident or injury of animal to the Insurance company. As per Ex A2 it was mentioned by the complainant that the Buffaloe died suddenly . In that event the complainant not able to take that animal to the veterinary hospital for treatment.
11. Hence, we are of the opinion that the buffaloe died on 16-9-2006 as per Ex A2 and at the time of death of the said animal the policy was in force and the opposite party has to pay the assured amount of Rs.15,400/-. However the complainant did not mention any particulars as to regard how she incurred Rs.35,000/- damages. Hence the complainant is not entitled to damages.
12. We direct the opposite party to pay assured amount of Rs.15,400/- with 9% interest from the date of complaint i.e., 24-7-07 till the date of realization and also Rs.500/- towards costs of this litigation. Accordingly this C.C. is allowed.
Dictated to the Stenographer, Corrected and pronounced by us, in this Forum on this 11th day of November, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Ex A1:Claim form of she buffaloe filed by the complainant before the opposite party.
Ex A2: A letter issued by the complainant to the opposite party .Ex A3: Repudiation letter by the opposite party, dated 28-11-06.
Opposite parties
Ex B1:certified copy of policy.
President Member Member
District Consumers Forum, Khammam
