Uttar Pradesh

Aligarh

CC/158/2022

SMT MAMTA - Complainant(s)

Versus

NATIONAL INSURANCE COMPANY LTD - Opp.Party(s)

20 May 2024

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Complaint Case No. CC/158/2022
( Date of Filing : 26 Aug 2022 )
 
1. SMT MAMTA
W/O SRI ABHAY KUMAR R/O KHUSHALGARHI POST TALIB NAGAR TEHSIL KOIL ALIGARH
...........Complainant(s)
Versus
1. NATIONAL INSURANCE COMPANY LTD
OFFICE IIND FLOOR CROSS ROAD PALAZA BADSHAH NAGAE CROSSING MAHANAGAR LUCKNOW
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER
 
PRESENT:
 
Dated : 20 May 2024
Final Order / Judgement

Case No. 158/2022   

IN THE MATTER OF

Smt. Mamta W/o Sri Abhay Kumar R/o KhushalGarhi Post talibNagar Tehsil Koil Aligarh

 

                                                         V/s

  1. National Insurance Company Ltd. divisional office IInd Floor, Cross Road plaza Badshah Nagar Crossing Mahanagar, Lucknow
  2.  

 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 awarding value of the cow at Rs.15000, cost of the case Rs.5000, compensation for mental agony at Rs.50000 and counsel fee Rs.11000.
  2.  The Complainant has stated that a cow was insured with the op and cover note no.45040/120016 was issued for period from 24.1.2019 to 23.1.2020. The value of cow was Rs.15000 and ear tag no. was 190107077616. On 26.5.2019 at about 4.30PM the cow suddenly died. Op insurance company was informed and investigator of the insurance company reached the spot on 27.5.2019. At about 2.30 PM postmortem was conducted. Complainant submitted the claim with all papers but the claim was not settled.         
  3. Ops did not contest the case despite of sufficient services and case processed ex parte.       
  4.  Complainant has filed his affidavit and papers in support of his pleadings.

 

  1. We have perused the material available on record and heard the complainant’s counsel.
  2. There is no rebuttal of the pleadings of the complainant as the op has not contested the case and there is no reason to disbelieve the pleadings of the complainant supported with affidavit and papers. Thus the complainant case is proved and he is entitled to the reliefs claimed.              

 

  1. We hereby direct the op to pay the amount Rs.15000 for compensation and Rs.10000 as litigation expenses to the complainant.

 

  1. Op shall comply with the directions within 45 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.    
  2. 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.
  3. File be consigned to record room along with a copy of this judgment.
 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 
 
[HON'BLE MRS. PURNIMA SINGH RAJPOOT]
MEMBER
 

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