D.o.F:26/05/2011
D.o.O:31/10/2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.120/11
Dated this, the 31st day of October 2011
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Sathyashanker.A,
S/o A. Kesava, Poojapuram, Arikady East, : Complainant
Po. Kumbla, Kasaragod.
(Adv.K.Rama Patali,Kasaragod)
The Branch Manager,
United India Insurance Co.Ltd, : Opposite party
M.G.Road, Kasaragod
(Adv.C.Damodaran, Kasaragod.)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
In nutshell the case of the complainant is as follows:
Complainant has insured two cows with opposite party for ` 40,000/. Out of which one of the cow is died and when a claim is preferred opposite party repudiated the claim stating that the ear tag pertaining to the dead animal is not surrendered. According to the complainant the ear tag is lost. Hence alleging deficiency in service the instant complaint is filed.
2. According to opposite party surrendering the ear tag of an animal is a material condition for the settlement of the claim. Since the said condition is violated the claim is repudiated.
3. Complainant and opposite party‘s counsel heard Ext.A1 the repudiation letter is marked on the side of complainant. Exts.B1 to B3 marked on the side of opposite party.
4. Ext.B1 belongs to the complainant is the copy of the cattle insurance policy. As per which one Bovine Jersey Brown cow is seen insured. Ext.B2 is the cattle insurance claim form. Ext.B3 is the Veterinary doctors certificate who conducted the post mortem. The description of animal described in Ext.B3 is tallying with the description of cow mentioned in the policy. With respect to the branding marks the veterinary doctor has mentioned that hole seen on the ear tag is not found. This would prove that the dead cow is none other than the insured cow.
In the circumstances we are of the opinion that the repudiation of claim is toto for the non-surrender of the ear tag is not justifiable. The claim ought to have been settled on non-standard basis.
Though the cow is insured for ` 20000/- in Ext.B3 the veterinary surgeon has valued the cow prior to illness as ` 18000/-. The complainant is entitled for 75% of the said value as a non standard claim.
Hence the opposite party is directed to pay ` 13500/- to the complainant with a cost of ` 2000/-. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which opposite party shall further liable to pay interest @9% for ` 13500/- from the date of complaint till payment.
Exts:
A1- repudiation letter
B1 - copy of the cattle insurance policy.
B2 cattle insurance claim form.
B3 Veterinary certificate
MEMBER MEMBER PRESIDENT
eva
