By. Smt. Beena. M, Member:-

            This is a complaint filed under section 12 of the Consumer Protection Act 1986.

                2.  Brief facts of the case are given below:

                The Complainant’s (6 year old, black and white colour) cow bearing tag No.09735 was insured with the Opposite Party for an amount of Rs.70,000/-  through Meenangadi Ksheerolpadaka sahakarana sangam vide insurance policy No.76130047170400003888 on 29/12/2017.  Afterwards the leg of the cow was dislocated, said cow was unable to stand and the veterinary doctor treated the cow, but the treatment was not successful and the cow become total disabled.  Then the Complainant submitted the claim application along with all treatment records and medical bills to the Opposite Party.  But the full insured amount was not given to the Complainant, they have paid only Rs.32,500/- towards the claim amount. It is stated that he is entitled to get Rs.55,000/-from the Opposite Party. So after deducting the paid amount of Rs.32,500/-, the Opposite Party is liable to pay the balance amount of Rs.22,500/- towards the claim amount.  Hence the complainant filed this Complaint for getting remaining claim amount and Rs.25,000/- as compensation and Rs.5,000/- as cost from the Opposite Party.  

            3. The Opposite Party in their version admitted that the Complainant had insured the cow as stated in the Complaint. But it is stated that as per the terms and conditions of the policy, in case of permanent disability claim, the insured is entitled to get 75% of the value of the cow after deducting the meat value. It is submitted that the valuation of the Complainant’s cow prior to the illness assessed by the treated doctor is Rs.70,000/-.   The price of the meat value of the cow is Rs.20,000/-.  Accordingly, 75% of the value of the cow minus price of the meat value is Rs.32,500/-(70,000-00x75%=52,500.00-20,000-00=32,500), and the Opposite Party transferred Rs.32,500/- in the account of MILMA on 23.08.2018.  The Complainant is not entitled to get any of the reliefs sought for in the Complaint.  So, the Opposite Party prayed for dismissal of the Complaint with compensatory costs. 

4. On the above contentions, the points raised for consideration are:-

1.  Whether there is any deficiency in service /unfair trade Practice on the part of Opposite Party?.
2. Relief and cost.

5.  Point No. 1 and 2 :-  Points No. 1 and 2 can be considered together.

            6. The Complainant was examined as PW1 and the documents produced were marked as Ext.A1 to A4.  Opposite Party was examined as OPW1 and the documents were marked as Ext. B1 to B3.

            7. The allegation of the Complainant is that he is entitled to get full insured amount from the Opposite Party for the Permanent Disability of his cow.  During the cross examination the Complainant deposed that he sold the cow for an amount of Rs.10,000/-.   On perusing Ext. B3, it is seen that the Complainant sold the cow to V.K Shibu for an amount of Rs.20,000/-. Altogether it is come out from the evidence, the claimant is entitled to get only Rs.32,500/- and he has already received an amount of Rs.32,500/- from the Opposite Party after deducting the meat value. Hence the Complainant is not entitled to get remaining claim amount from the opposite party. Therefore, we finds that the Opposite Party has not committed any deficiency in service towards the Complainant.

            In the result, the complaint is dismissed without cost.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 31^st day of October 2022.

Date of Filing:-27.11.2018.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

APPENDIX.

Witness for the complainant:-

PW1.              Rajesh. V. A.                                                            Agriculture.

Witness for the Opposite Party:-

OPW1.          Nandakumar.  O.                                       Senior Divisional Officer.

Exhibits for the complainant:

A1.                  Letter.                                                            Dt:17.07.2018.

A2.                  Copy of Report.                             

A3.                  Copy of Cattle Insurance Policy for the period of  29.12.2017 to

                        28.12.2018.

A4.                  Photo of Cow.

Exhibits for the Opposite Party:-

B1.                  Copy of Cattle Insurance Policy for the period of  29.12.2017 to

                        28.12.2018.

B2.                  Veterinary Certificate.

B3.                  Receipt executed by One Shibu with Complainant. Dt:18.03.2018.                  

PRESIDENT   :Sd/-

MEMBER       :Sd/-

/True Copy/

                                                                                Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.