Punjab

Sangrur

CC/452/2016

Bhupinder Singh - Complainant(s)

Versus

National Insurance Company Ltd. - Opp.Party(s)

Karamjit Singh

09 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.  452

                                                Instituted on:    14.07.2016

                                                Decided on:       09.11.2016

 

Bhupinder Singh son of Kashmir Singh R/O Village Arentu, PO Sadharanpur, Tehsil Patran, Distt. Patiala.

                                                        …Complainant

                                Versus

 

National Insurance Company Ltd. Branch Office: Pili Kothi, Thandi Sarak, Malerkotla, Distt. Sangrur through its Branch Manager.

                                                        ..Opposite party

 

For the complainant  :       Shri Karamjit Singh Thind, Adv.

For OP                     :       Shri Ashish Kumar, Adv.

 

 

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Bhupinder Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant availed the services of the OP by getting insured his 3 buffalos from OP vide policy number 404202/47/13/9400000171 for the period from 6.9.2013 to 5.9.2016. It is further averred that before the insurance of the said buffaloes, a veterinary health certificate dated 6.9.2013 which was issued by Dr. Parshotam Sahni was also taken by the OP.  It is further stated that the buffalo bearing tag number 6091 died on 28.8.2015, as such the same was brought to the notice of the OP and the OP told the complainant to get the post-mortem of the said buffalo conducted from Government Hospital, as such the same was conducted by Dr. Lok Raj Goel, Vety. Officer, Civil Vety. Hosptial, Lutkimajra, Tehsil Samana, Distt. Patiala.   It is further averred that the complainant submitted the claim application on 3.9.2015 to Mr. Grewal of the Sangrur office of the OP and further submitted the documents along with tag number 6091 to Mr. Sohi in the office of the OP. 

 

2.             Further the grievance of the complainant is that on 15.9.2015, the complainant received letter dated 10.9.2015 from the OP to submit the tag, which the complainant had already submitted.  Thereafter the OP again sent the complainant letters for submission of the same, but the complainant had already submitted the tag in question, as such, the complainant was unable to submit the same.  Further case of the complainant is that the complainant also filed a complaint before the District Forum Patiala on 18.1.2016, but on 21.1.2016 the Hon’ble Forum Patiala returned the complaint due to territorial jurisdiction.  Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant an amount of Rs.50,000/- on account of death of the buffalo in question and further the complainant has claimed compensation and litigation expenses.

 

3.             In reply filed by OP, it is admitted by the OP that the complainant got insured his three buffalos bearing tag number 6091 to 6093 for the period from 6.9.2013 to 5.9.2016 subject to the terms and conditions of the policy for Rs.50,000/- each.  However, it is denied that the buffalo bearing tag number 6091 was insured with the OP, but the same has not been died as the complainant did not submit the tag bearing number 6091 to the company inspite of several demands.  It is stated that as per the policy the claim amount cannot be paid without submitting the tag in question.  It is averred that the complainant did not submit the tag of the buffalo in question, despite demanding the same so many times from the complainant. Any deficiency in service on the part of the Ops has been denied.

 

4.             The learned counsel for the complainant has produced Ex.C-1 copy of policy, Ex.C-2 copy of health certificate, Ex.C-3 copy of PMR, Ex.C-4 to Ex.C-5 copies of photographs, Ex.C-6 to Ex.C-7 copies of letters, Ex.C-8 copy of legal notice, Ex.C-9 copy of postal receipt, Ex.C-10 copy of order dated 21.1.2016, Ex.C-11 to Ex.C-12 copies of letters, Ex.C-13 affidavit of complainant, Ex.C-14 affidavit of Pappi Devi and Ex.C-15 affidavit of Jagsir Ram and closed evidence. On the other hand, the learned counsel for OP  has produced Ex.OP/1 copy of insurance policy, Ex.Op/2 copy of application dated 10.9.2015, Ex.OP-3 copy of letter dated 21.10.2015, Ex.OP-4 copy of letter dated 18.11.2015, Ex.OP-5 affidavit and Ex.OP-6 affidavit and closed evidence.

 

5.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

6.             It is an admitted fact between the parties that the complainant got insured his three buffalo in question from OP  by paying the requisite premium for the period from 6.9.2013 to 5.9.2016 and the OP issued policy bearing number 404202/47/13/940000171  and accordingly tags bearing number 6091 to 6093 were inserted on the insured buffalos.  It is further not in dispute between the parties that the buffalo in question died on 28.08.2015 during the subsistence of the insurance policy.  But, the grievance of the complainant is that the OPs have repudiated the claim of the insured buffalo on the ground that the complainant did not submit the ear tag bearing number 6091 to the OP, whereas the stand of the complainant is that he submitted the tag bearing number 6091 to Mr. Sohi, Manager of the OP i.e. National Insurance Co. Ltd. at Malerkotla.   Now, the only question, which arises for determination is whether the complainant submitted the tag in question to the OP or not and whether the OP is liable to pay the insurance claim of the dead buffalo to the complainant.

 

7.             The learned counsel for the OP has contended vehemently that since the complainant did not submit the tag of the dead buffalo, as such no claim is payable to the complainant in view of the specific clause in the policy document Ex.OP-1, which reads as “Tag should be surrendered at the time of claim, otherwise it will be treated as no claim”, as such, the learned counsel for the complainant has contended vehemently that since so many letters were sent to the complainant, but he did not submit the tag, as such the claim of the complainant is said to has been rightly repudiated.  On the other hand, the learned counsel for the complainant has contended vehemently that it is the specific case of the complainant from the very beginning that the tag in question was submitted to Mr. Sohi, Manager of the OP i.e. National Insurance Co. Ltd. at Malerkotla, but, which fact has been denied by Mr. Sohi by filing his sworn affidavit, which is on record as Ex.OP-6.   Now,  the conclusion is that the complainant has contended that he has submitted the tag number 6091 pertaining to the dead buffalo to Mr. Sohi, but Mr. Sohi has denied about the submission of the claim, as such, we have to see the other angles of the case. 

 

8.             We have further perused the copy of the post-mortem report of the dead buffalo, a copy of which on record is Ex.C-3 and a bare perusal of it shows that the buffalo in question died of attack of TRYPANOSOMIASIS and further it reveals that the dead animal was bearing tag number 6091 having colour black, meaning thereby the dead buffalo was bearing tag number 6091, which is admittedly issued by the OP at the time of insurance of the animal.  Further the complainant has produced photographs Ex.C-4 and Ex.C-5 showing the tag number 6091 in the buffalo in question.  Now, the fact remains that the buffalo bearing tag number 6091 has died, as is evident from the  copy of post-mortem report on record as Ex.C-3 and photographs Ex.C-4 and Ex.C-5, which was insured one with the OP.  In the circumstances of the case, in result, we feel that since it is proved on record that the buffalo bearing tag number 6091 has died, but the claim was repudiated on the ground that the tag in question was not submitted by the complainant to the OP.  Now, the fact remains that the buffalo bearing tag number 6091 has died and the complainant has got insured the said buffalo by paying the requisite premium. As such, we are of the considered opinion that the OP is liable to pay the due claim to the complainant on account of death of the insured buffalo.

 

9.             The insurance companies are in the habit to take these type of projections to save themselves from paying the insurance claim. The insurance companies are only interested in earning the premiums and find ways and means to decline claims. The above said view was taken by the Hon’ble Justice Ranjit Singh of Punjab and Haryana High Court in case titled as New India Assurance Company Limited versus Smt. Usha Yadav and others 2008(3) R.C.R. 9 Civil) 111.

 

10.           In view of our above discussion, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.50,000/- being the insurance claim on account of death of the insured buffalo in question.  OP is further directed to pay to the complainant an amount of Rs.5,000/- in lieu of compensation for mental tension and harassment and litigation expenses.

 

11.           This order of ours be complied with within a period of thirty days of its communication. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                November 9,2016.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                                (Sarita Garg)

                                                                    Member