By Sri. K. Gheevarghese, President:

The complaint filed under section 12 of the Consumer Protection Act.

The complaint in brief is as follows:- The Complainant purchased a cow at the price of Rs.30,000/- and it was insured by the Opposite Party. The purchase of the cow was effected by the loan provided by the Indian Overseas Bank Branch at Kalpetta. The sum assured for the insurance was Rs.20,000/- and more over the policy of the sum insured was not given to the Complainant. On enquiry the Opposite Party apprised the Complainant that the policy would be issued to the bank which has given the loan. The cow was nurtured well and good. On 21.08.2008 the cow was died in connection with ailment for which the treatment was given by the veterinary doctor named Dr. Prabhakaran. The death of the cow was immediately informed to the Opposite Party and the agent. Later postmortem was conducted as per the direction of the insurer. The Complainant approached the Opposite Party with all the relevant documents as directed by the Opposite Party to honour the claim. The Opposite Party instead of granting the amount repudiated the claim and a letter in that effect was given to the Complainant dated 19.9.2008. The claim repudiation of the Opposite Party is absolutely a deficiency in service, the insurer is liable to pay the Complainant the sum insured Rs.20,000/- along with the interest at the rate of 12% from the date of filing the claim till realisation. There may be an order directing the Opposite Party to pay the claim amount Rs.20,000/- along with interest at the rate of 12% from the date of filing the complaint the payment is done.

2. The Opposite Party was served notice and no version was filed even after the expiry of the stipulated time. The Opposite Party is declared exparte.

3. The points in consideration are:-

1. Whether any deficiency on the part of the Opposite Party?

2. Relief and cost.

4. Point No.1 and 2:- The point No.1 and 2 are considered together the Complainant filed proof affidavit, Ext.A1 photocopy of the Cattle Insurance Policy along with the terms and conditions. The premium of the policy for the sum insured is Rs. 2,697/- the policy covers the period from 25.9.2007 to 24.9.2010. It is also avered in the affidavit by the Complainant that the postmortem certificate bills related to the purchase of medicines and ear tag along with other documents were sent to the Opposite Party to honour the claim of the Complainant. The repudiations of the claim is also avered in the affidavit. The Opposite party has not inter alia contented the reason for the rejection of the claim not even by filing version. On the ground of the this reason it is found that the Opposite Party's rejection of claim is against reasons and absolutely a deficiency in service. The Complainant is to be compensated with the claim amount along with interest from the date of filing this complaint.

In the result the complaint is allowed. The Opposite Party is directed to compensate the Complainant Rs.20,000/- (Rupees Twenty thousand only) the sum insured along with interest at the rate of 12% from the date of filing the claim till realization. The Complainant is also entitled for the cost of Rs.500/- (Rupees Five hundred only). The Opposite Party is directed to comply with this order within one month from the date of receiving this.

Pronounced in open Forum on this the day of 30^th June 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of the Cattle Insurance Policy.

Exhibits for the Opposite Parties:

Nil.