SRI BIJAYA KUMAR DAS,PRESIDENT:-

                           Deficiency in service in respect of non-settlement of Insurance claim of Complainant’s deceased Cow are the allegations arrayed against the Opp.Parties.

2.                  Complaint, in a nutshell reveals that, Complainant being a poor unemployed person purchased a Red BOVEN CBJ Milky Cow by paying an amount of Rs. 20,000/- on the advice of Block Veterinary officer, Mohakalpada (Op No.3). The valuation of the said cow was certified by Addl. Vet. Asst. Surgeon, Mohakalpada working under OpNo.2. (The valuation certificate is marked as Annexure-1). It is revealed from the Complainant that the said cow was insured with OpNo.1- Insurance Company on payment of farmers share of Rs. 115/- out of total premium of Rs. 230/- and the policy was effective for a period of one year starting from dt. 28/7/2015. Accordingly, Op No.1-Insurance Company issued the ear tag bearing No. NILLULRDS16015397. It is also revealed that, the said cow of the Complainant suffered an illness of ‘ Barsiosis’ and treated by veterinary surgeon, but the ill luck would have it the cow died on dt. 19/2/2016. The Postmortem was conducted by Dr. Raghunath Singh, the then B.V.O., Mohakalpada and the cause of death was ‘anemic anoxia’ resulted from ‘Babeosis’. The P.M. Report is filed as Annexure-(A) into the dispute. During the Post mortem the surveyor of the OpNo.1 Insurance Company and Op No.3 were present and all the relevant documents were submitted before Op No.1 Insurance Company for its settlement. It is alleged that inspite of best efforts of complainant, the Op-1 did not settle the Insurance claim of the deceased cow till-date for which Complainant is sustaining financial loss and mental agony and such acts of Op No.1-Insurance Company is treated deficiency is service . It is further revealed from the complaint that, no relief is sought against Op-2&3 and they are impleaded as necessary parties for proper adjudication of the dispute. The cause of action of the instant case arose on dt. 19/2/2016, when the Cow died and lastly on dt. 3/5/2017 when the Complainant met the official of Op-1 for settlement of claim. In the complaint it is prayed that, direction may be given to OpNo.1- Insurance Company to settle the claim of the Complainant to the tune of Rs. 20,000/- along with 10% interest P.A. from the date of default to the date of realization. It is further prayed that a direction may be given to Op No.1 to pay Rs. 10,000/- as compensation for mental agony and Rs. 2,000/- as cost of litigation.

3.               Though Notice was served to Op No.1-Insurance Company through this Forum by Registered Post with A.D., but Op No.1 did not prefer to appear into the dispute, hence set ex-parte vide order No.8 dtd. 29/12/2017. The Chief Dist. Veterinary Officer(C.D.V.O) (Op-2) appeared and submitted a letter alongwith documents related to death claim of the deceased Cow. Op-3, Block Veterinary Officer, Mahakalpada appeared and filed written statement into the dispute, where in it is averred that, Complainant’s deceased Cow was insured with OpNo.1-Insurance Company from dt. 28/7/2015 for a period of one year by depositing required premium of Insurance of the Cow and the ear tag No. of deceased cow was NICLOLRDS 16015397. The valuation of the deceased Cow as assessed by Addl. Vet. Surgeon to the tune of Rs. 20,000/-.  It is averred that the insured cow was died on dt. 19/2/2016 at 9.30. PM and P.M. was conducted on dt. 20/2/2016 by B.V.O, Dr. Raghunath Singh. The cause of death of the cow was due to ‘anemic anoxia’. All the documents related to settlement of Insurance of deceased cow are deposited in the Office of CDVO, Kendrapara and intimation of death of Cow has been sent the Op-Insurance Company on dt. 20/2/2016 through SMS.

4.                Heard the ex-parte submissions advanced by Ld. Counsel for the Complainant in the absence of OpNo.1and case of the Op No.1 & 2 on merit, perused the documents filed by the parties. On non-appearance of Op-Insurance Company (Op-1) and on presentation of documents related to death and settlement of the cow of the Complainant, it is crystal clear that Complainant’s deceased BOVEN CBJ red colour cow valued of Rs. 20,000/- bearing Ear tag No. NICLOLRDS 16015397 was insured with Op-Insurance Company. The premium amount was paid to the Op-Insurance Company through C.D.V.O (Op-2), Kendrapara under OLRDSSNLM vide OpNo.2’s office letter No. 1677 dtd. 6/8/2015 and the Insurance of the deceased cow valid for a period of 1 year starting from dt. 28/7/2015. The Complainant’s cow died  on dt. 19/2/2016 and Post Mortem Report was conducted in presence of the veterinary surgeon, P.M. report is filed into the dispute and on the opinion of the veterinary surgeon the cow died due to ‘anemic anoxia’ resulted from ‘Babesiosis’. It is also clear from attested Xerox copy of letter addressed to Op-1 through Op-3 by Complainant regarding intimation of death of the cow and settlement of the claim, further the intimation and claim of the complainant is substantiated by letter of Op-2 vide No. 1373 dtd. 21/5/2016 addressed Op No.1- Insurance Company.

                     Now, it appears that Complainant’s insured cow died while the Insurance was inforce and inspite of intimation for settlement of claim, Op-1 has not settled the claim, and forced the complainant-claimant to take shelter of law without any reasonable and justified cause, which according to this Forum is a gross negligence and deficiency in service of Op-Insurance Company, Further, such non-settlement of claim definitely caused financial loss and mental agony to the Complainant. Accordingly, we direct the OpNo.1-Insurance Company to pay Rs. 20,000/- as Insurance claim of the deceased Cow along with 6% S. I. P.A. calculating from dt. 20/2/2016 (when the Op-3 forwarded the intimation of death of Cow and settlement of the claim) till its realization. It is further directed that Op-Insurance Company will pay Rs. 5,000/- (Rs. Five thousand only) as compensation for mental agony and Rs. 1,000/- (Rs. One thousand only) as cost of litigation. The total ordered amount will be paid to the Complainant within one month of receipt of this order, failing which action will be initiated against the Op No.1 Insurance Company as per the provisions of C.P.Act, 1986.                    

           Complaint is allowed in part with cost on ex-parte against Op No.1.

            Pronounced in the open Court, this the 2nd day of May,2018.

               I, agree.                   I, agree.

                  Sd/-                         Sd/-                        Sd/-

            MEMBER                MEMBER              PRESIDENT