Karnataka

Chitradurga

CC/104/2015

Dr.Thippeswamy S/o. G.Rangappa Department of Sheep Breeding and Training Center - Complainant(s)

Versus

The Branch Manager, Oriental Insurance Co.Ltd., - Opp.Party(s)

Shri.C.M.Veeranna

30 Nov 2016

ORDER

 

 

COMPLAINT FILED ON:19.12.2015

DISPOSED      ON:30.11.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 104/2015

 

DATED:  30^th NOVEMBER 2016

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        MEMBER

                                         B.A., LL.B.,                   

……COMPLAINANT	Dr. Thippeswamy, S/o G. Rangappa, Department of Sheep Breeding and Training Center and Department of Goat Rearing and Training Center, Kudapura, Challakere Taluk, Chitradurga District.   (Rep by Sri. C.M. Veeranna, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Branch Manager, Oriental Insurance Co., Opp: KSRTC Bus Stand, Chitradurga.   2. The Divisional Manager, Oriental Insurance Co., No.828/7, Thiluvalli Complex, Near Aruna Talkies, Davanagere.   (Rep by Sri.B.M.Arun Kumar, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.51,000/- with interest at 18% p.a, Rs.50,000/- towards damages for physical and mental agony and Rs.10,000/- towards cost and such other reliefs.

2.      The brief facts of the case of the above complainant are that, he is working as a Deputy Director in Sheep Rearing and Training Center run by the Government of Karnataka and took livestock insurance policy from OP No.1 for the year 2013-14 under policy No.472108/47/2013/625 for the period from 28.01.2013 to 27.01.2014 and paid a premium of Rs.49,470/-.  OP No.2 is the Divisional Office of OP No.1.  It is further submitted that, complainant has taken due care of all the Sheep and Goats in providing food, medical assistance, water etc., in time and also taken care that, the trainees should not hurt the animals in any manner.  On being satisfaction about the health condition of the animals, OP has issued the policy by collecting premium and given Tag Numbers.  It is further submitted that, all of a suddenly the animals in the Complainant’s Department died due to health issues on several dates.  Complainant submitted claim forms to the OPs claiming insurance amount bearing Nos. 6106, 74422, 74940 08512, 102842, 102869, 102826, 8515, 102905, 0656, 0547, 74426, 1939, 2965, 74761 and 102861 in all a sum of Rs.51,000/- but, the OPs neglected to settle the claim by giving evasive answers and postpone the matter and finally refused to pay the claim amount during October 2013 to January 2014 in all a sum of Rs.51,000/-.  Complainant contacted OPs on several occasions through telephone and by letters requesting to settle the claim along with all the documents but, the OPs have not heeded to his request.  The cause of action arose to file this complaint is on 25.03.2015 when the complainant issued legal notice to the OPs. The conduct of the OPs caused physical and mental agony to the complainant. On 25.03.2015 complainant issued legal notice through his counsel but, the OPs neither settled the claim nor replied the same, which is an unfair trade practice and deficiency of service on the part of OPs, therefore, prayed for allowing the complaint. 

3.      On service of notice OPs appeared through Sri. B.M. Arun Kumar, Advocate and filed version stating that, they have issued Insurance Policy to the Sheep and Goat by receiving premium amount as alleged in the complaint subject to the terms and conditions but, it is false to state that, unforeseen eventually occurred due to various reasons beyond the control of human beings.  It is further submitted that, the claim of the complainant is not genuine, without any valid and acceptable reasons and not tenable in law.  It is false to state that, the claims submitted by the complainant were in order, complainant has suffered a huge loss to the tune of Rs.51,000/- and OPs are liable to pay the premium to the complainant or to settle the claim.  It is further submitted that, the OPs are issued the policies covering the risk of Goats and Sheep of complainant for the period from 10.01.2013 to 09.01.2014, for which the complainant has paid a premium of Rs.42,948/- and after issuance of policy, the complainant started claiming the amount for death of Sheep and Goat and the claims were honoured up to 01.10.2013 till the expiry by giving one month prior notice.  The reasons for cancellation of the policy are not providing the modalities involved in the maintenance of the animals such as fodder, medical treatment facilities and hygienic in the area as same were not arranged despite several requests.  Prior to that, Institute of Animal Health and Veterinary Biologists, Hebbal, Bangalore visited the Farm and issued a detailed report on 11.03.2013 and pointed the animals and reasons for the death of the animals.  It is further submitted that, the complainant did not care to take proper action to control the disease to avoid the death of the animals in the farm, because of the negligence of the complainant, the death of Sheep/Goat happened, which forced the OPs to cancel the contract and therefore, there is no deficiency of service on their part and prayed for dismissal of the complaint.                

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-11 were got marked. On behalf of OPs, one Sri.H.N. Govindaraj, Divisional Manager has examined as DW-1 by filing the affidavit evidence and documents have been got marked at Ex.B-1 to B-6.   

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service in settling the claim made by him and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, Complainant is working as the Deputy Director in Sheep Rearing and Training Center run by the Government of Karnataka and took livestock insurance policy from OP No.1 for the year 2013-14 under policy No.472108/47/2013/625 for the period from 28.01.2013 to 27.01.2014 by paying a premium of Rs.49,470/-.  OP No.2 is the Divisional Office of OP No.1.  Complainant has taken due care of all the Sheep and Goats in providing food, medical assistance, water etc., in time and also taken care that, the trainees should not hurt the animals in any manner.  The animals in the Complainant’s Department died due to health issues on several dates.  Complainant submitted claim forms to the OPs claiming insurance amount bearing Nos. 6106, 74422, 74940 08512, 102842, 102869, 102826, 8515, 102905, 0656, 0547, 74426, 1939, 2965, 74761 and 102861 in all a sum of Rs.51,000/- but, the OPs failed to settle the same.  Complainant contacted OPs on several occasions through telephone and by letters requesting to settle the claim along with all the documents but, the OPs did not heed his request. 

 9.     In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like letter dated 26.04.2014 by the complainant marked as Ex.A-1, letter dated 08.08.2014 by the Oriental Insurance Company, New Delhi to the complainant marked as Ex.A-2, letter dated 31.07.2014 by the Complainant to the Oriental Insurance Company, New Delhi marked as Ex.A-3, letter dated 22.04.2015 to the Post Master, Challakere marked as Ex.A-4, letters of reminder dated 30.10.2014 and 12.12.2014 by the complainant to Chief Manager, Oriental Insurance Company, New Delhi marked as Ex.A-5 and 6, legal notice dated 25.03.2015 and postal receipt marked as Ex.A-7, letter dated 23.01.2013 regarding renewal of insurance policy marked as Ex.A-8, letter dated 27.01.2014 along with claim forms and PM reports marked as Ex.A-9, letter dated 25.01.2014 along with claim forms and PM reports marked as Ex.A-10 and letter dated 21/22.11.2013 along with claim forms and PM reports marked as Ex.A-11. 

10.    On the other hand, it is argued by the OPs that, they have issued Insurance Policy to the Sheep and Goat by receiving premium amount as alleged in the complaint subject to the terms and conditions. The claim of the complainant is not genuine, without any valid and acceptable reasons and not tenable in law.  The claims submitted by the complainant were not in order and OPs are not liable to pay the premium to the complainant or to settle the claim.  The OPs are issued the policies covering the risk of Goats and Sheep of complainant for the period from 10.01.2013 to 09.01.2014, for which the complainant has paid a premium of Rs.42,948/- and after issuance of policy, the complainant started claiming the amount for death of Sheep and Goat and the claims were honoured up to 01.10.2013.  The cancellation of the policy are due to non-providing of the modalities involved in maintenance of the animals such as fodder, medical treatment facilities and hygienic in the area as same were not arranged despite several requests and Institute of Animal Health and Veterinary Biologists, Hebbal, Bangalore visited the Farm and issued a detailed report on 11.03.2013 pointing out the anomalies and reasons for the death of the animals.  The complainant did not care to take proper action to control the disease to avoid the death of the animals in the farm and because of the negligence of the complainant, the death of Sheep/Goat happened, which forced the OPs to cancel the contract and therefore, there is no deficiency of service on their part.

11.    In support of their contention, the OPs have filed affidavit evidence its Divisional Manager and reiterated the contents of complaint and relied on the documents like letter dated 03.05.2013 by the OP No.1 to the complainant marked as Ex.B-1, letter dated 16.09.2013 by the OP No.1 to the complainant marked as Ex.B-2, letter dated 30.10.2013 by the OP No.1 to the complainant marked as Ex.B-3, letter dated 25.11.2013 by the OP No.1 to the complainant marked as Ex.B-4, certified copy of Policy marked as Ex.B-5, reply to the notice marked as Ex.B-6.

12.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant took livestock insurance policy from OP No.1 for the year 2013-14 under policy No.472108/47/2013/625 for the period from 28.01.2013 to 27.01.2014 by paying a premium of Rs.49,470/-.  OP No.2 is the Divisional Office of OP No.1.  Complainant has taken due care of all the Sheep and Goats in providing food, medical assistance, water etc.  But, the animals in the Complainant’s Department died due to health issues on several dates.  Complainant submitted claim forms to the OPs claiming insurance amount for the Sheep/Goat bearing Tag Nos. 6106, 74422, 74940 08512, 102842, 102869, 102826, 8515, 102905, 0656, 0547, 74426, 1939, 2965, 74761 and 102861 in all a sum of Rs.51,000/- but, the OPs refused to pay the claim amount.  It is pertinent to note that, at the time of death of Sheep/Goat, the policy was in force, when the policy was in force, the duty of the OP is to settle the claim.  As per Ex.A-1 and Ex.A-9 to Ex.A-11, it is seen that, the Sheep/Goat were died on different dates, i.e., within the period of policy was in force and the total insured value comes to Rs.49,000/-, the same is liable to be paid by the OP insurance company but, the same has been refused by the OP, which cannot be acceptable.  So, in our considered view, the OPs have committed deficiency of service.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.           

            13.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

It is ordered that, the above complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to pay a sum of Rs.49,000/- towards value of the animals, Rs.20,000/- towards mental agony in all a sum of Rs.69,000/-to the complainant along with interest at the rate of 9% p.a from the date of filing of the complaint till realization. 

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards costs of this proceeding. 

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 30/11/2016 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. H.N. Govindaraj, Divisional Manager of OPs by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Letter dated 26.04.2014 by the complainant
02	Ex-A-2:-	Letter dated 08.08.2014 by the Oriental Insurance Company, New Delhi to the complainant
03	Ex-A-3:-	Letter dated 31.07.2014 by the Complainant to the Oriental Insurance Company, New Delhi
04	Ex-A-4:-	Letter dated 22.04.2015 to the Post Master, Challakere
05	Ex-A-5 & 6:-	Letters of reminder dated 30.10.2014 and 12.12.2014 by the complainant to Chief Manager, Oriental Insurance Company, New Delhi
06	Ex-A-7:-	Legal Notice dated 25.03.2015 and postal receipt
07	Ex-A-8:-	Letter dated 23.01.2013 regarding renewal of insurance policy
08	Ex.A-9:-	Letter dated 27.01.2014 along with claim forms and PM reports
09	Ex.A-10:-	Letter dated 25.01.2014 along with claim forms and PM reports
10	Ex.A-11:-	Letter dated 21/22.11.2013 along with claim forms and PM reports

Documents marked on behalf of OPs:

01	Ex-B-1 to 4:-	Letter dated 03.05.2013, 16.09.2013, 30.10.2013 and 25.11.2013 by the OP No.1 to the complainant
02	Ex-B-5:-	Certified copy of Policy
03	Ex-B-6:-	Reply to the notice

 

 

MEMBER                                                            PRESIDENT

Rhr**