Haryana

Karnal

329/13

Natha Singh - Complainant(s)

Versus

National Insurance Company - Opp.Party(s)

Sh. S.K. Sharma

08 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                              Complaint No.329 of 2013

                                                               Date of instt.25.07.2013

                                                               Date of decision: 14.07.2015

 

Natha Singh son of Shri Anokh Singh( Now deceased) through his wife Smt.Surjeet Kaur resident of Dera Jatriwala, Assandh District Karnal as legal guardian and next friend.

                                                          ………….Complainant.

 

                                                          Versus

 

1.National Insurance Company Limited, Divisional Office, situated at Santokh Market, Railway Road, Karnal through its Divisional Manager.

 

2.Haryana Livestock Development Board, Pashudhan, Sector – 02, Panchkula, through its Director.

                                                           ……… Opposite Parties.

                   Complaint u/s 12 of the Consumer

                   Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Smt.Shashi Sharma…….Member.

                  

 

 Present        Sh.S.K.Sharma Advocate for Complainant.

                   Sh.Pankaj Malhotra Advocate for the OP No.1.

                   OP No.2 ex parte.             

 

ORDER:                    

 

                        The facts giving rise to the present complaint  in brief are that the complainant purchased one Milch cow by availing financial assistance  from OP no 2  and the same was got insured from the OP no.1 under the cattle  Insurance Policy  for a sum of Rs.30,000/- vide insurance Policy No. 420500/47/11/94000000691  which was valid from 23.3.2012 to 22.3.2013.  The  Insurance was got  done under the  scheme by Director, Haryana Live stock Board, Pashudhan, Panchkula, therefore, name of the Director was mentioned as insurance policy holder. The said cow died on 24.1.2013.Post Mortem on the dead body of the cow was got conducted from Veterinary Civil Hospital, village Assandh. After completing requisite formalities , the complainant approached the OP No.1  and applied for grant  for assured sum i.e. Rs.30,000/- but the OP no.1 prolonged the matter on one pretext or the other and ultimately refused to pay even a single penny.

 

2.                Upon notice the OP no.1appeared and  filed written statement It has been submitted that mark of identification given in the health certificate submitted at the time of purchasing policy  did not tally at the time of physical verification and the complainant was informed about the same vide letter dated 15.7.2013. Therefore, the claim of the complainant was repudiated. It has been asserted that the claim of the complainant was legally and validly repudiated by the OP No.1.

                   The OP No.2 also filed written statement supporting  the claim of the complainant.

 

3.                In evidence of complainant, he filed his affidavit Ex.C1 and also produced documents Ex.C2 to Ex.C6.

         

4.                On the other hand the OP no.1 produced affidavit of Sh.R.K.Goswami, Assistant Manager Ex.O1 and documents Ex.O2 to Ex.O6.

 

5.                We have heard the learned counsel for the parties and have gone through the case file very carefully.

 

6.                As  per case of the complainant he had purchased a cow under  Government Scheme by availing financial assistance and the cow was got insured  for the period of   23.3.2012 to 22.3.2013 at the instance of Director, Haryana Livestock Development Board but the said cow died on 24.1.2013. He  submitted the claim to OP no.1 by completing requisite formalities, but the OP No.1 repudiated his claim. On  the other hand it has been submitted by OP no.1 that the claim of the complainant was repudiated as mark of identification given in  the health certificate submitted at the time of purchase of policy did not tally at the time of physical verification.

 

  7.                   The copy of the health certificate Ex.C3 indicates that Natha had purchased one buffalo and one cow and joint health certificate regarding the same was issued by Veterinary Surgeon, Government Hospital, Assandh on 23.3.2012.  As per the health certificate, breed  of the cow bearing Tag No.HLDB-06-169736 was HFX, same was of brown colour and  aged five years with her first lactation. She was having one small rudimentary horn­­­­­­­­­­­­­ and black switch of tail. Copy of post mortem report Ex.C4 shows that post mortem on the dead body of the same cow having tag bearing No. HLDB -06-169769  was conducted   The identification marks of the cow mentioned in the post mortem report tally with the identification marks mentioned in the health certificate.

                           The surveyor appointed by the OP No.1  submitted report, the copy of which is Ex.O3 wherein he mentioned differences in the health certificate from physical verification regarding lactation, tulf and colour. The said surveyor has neither been examined by the OP nor his affidavit has been filed to substantiate the differences mentioned by him in his report regarding identification marks as mentioned in the health certificate and found at the time of physical verification.  It is important   to point out that even in his report, he mentioned that tag No. HLDB-06-169736 found on the dead body of the cow. The veterinary surgeon also conducted post mortem on the dead body of the same cow.  Under such circumstances , the report of the surveyor of the OP no.1 is not sufficient to disbelieve the observations made by the Veterinary Surgeon who conducted the post mortem  on the dead body of the  cow  and the affidavit of the complainant regarding the death  of the same cow, which was got insured with the OP No.1.

                          The cow was purchased by the complainant for a sum of Rs.30,000/-  and the veterinary surgeon,  also mentioned the value of the cow as Rs.30,000/-.  Therefore, repudiation of the claim of the complainant regarding payment of Rs.30,000/- is not legally sustainable. Thus, there was clear cut case of deficiency in services on the part of OP No.1   in not making payment of assured sum to the complainant.

 

9.                Therefore, as a sequel to the foregoing discussion, we accept the present complaint and direct the OP No.1 to make the payment of Rs.30, 000/- ( i.e. cost of the cattle) to the complainant alongwith interest @ 9% per annum from the date of filing of the present complaint i.e. 25.7.2013  till its actual realization. The complainant shall also lbe entitled for a sum of Rs.5500/- towards harassment caused to the complainant and for the legal fee and litigation expenses. The OP No.1 shall make the compliance of this order within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file lbe consigned to the record room after due compliance.

 

Announced
dated:14.07.2015                                                                            

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.

 

 

Present         Sh.S.K.Sharma Advocate for Complainant.

                   Sh.Pankaj Malhotra Advocate for the OP No.1.

                   OP No.2 ex parte.    

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

 

Announced
dated:14.07.2015                                                                             

                                                                (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

                   (Smt.Shashi Sharma)

                             Member.