-::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.57/2018.
Date of filing: 24.08.2018.
Date of disposal: 21.12.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Shanthamma W/o Kashappa Halle,
Age:Major, Occ: Milk Vending, now-Nil
R/o Village Ballur-J Tq.Aurad-B, Dist. Bidar,
Karnataka State.
( By Sri.Rajkumar.K.,Adv.)
VERSUS
OPPONENT/S: 1) The Branch Manager, United India Insurance
Company Ltd., Branch office Basavashree
Complex 1st , Floor Behind Ganesh Maidan
Stadium Road, Bidar, (K.S.).
(By Sri.Baswaraj Udgir., Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant is before us filing a complaint u/s 12 of the Consumer Protection Act, 1986 on account of non settlement of Insurance claim by the opposite party.
2. As per the complainant, she had purchased a milch cow, about 4years old from Bhalki cattle market against a consideration of Rs.85,000/-. The cow was insured by the O.P. Insurance company in Policy i.e. Micro-Insurance Product-Cattle Insurance Policy No.240602478 P 10236762 date.18.05.2018 having date of validity till 17.05.2019. The Ear tag allotted by the Insurance company was bearing No.390028972311. It is the say of the complainant that, the cow died on 22.05.2018 and the same was natural death. The village Accountant had drawn a Panchanama on 03.06.2018 and the P.D.O. has issued a certificate certifying death as natural so also the veterinary doctor. It is the further say of the complainant that, she filed a complaint with the O.P. on 18.07.2018 which was refuted by the later, on the ground that, as per the terms of the policy, risk is not covered within first fifteen days of issuance of policy. The complainant avers, the said observation is not legal or proper and she claims a sum of Rs.1,00,000/- towards the insurance of the Cows’ death.
3. Upon notice, the O.P. has filed versions, in which the fact of obtainment of Insurance is admitted subject to the terms and conditions of the policy. Thereafter the O.P. canvasses that, just after the death of the cow on 22.05.2018, the fact was not informed to the Insurer. The documents have been prepared in collusion with the V.A., P.D.O. who had no personal knowledge of the cows’ death and they are all false. Even the veterinary doctor has issued opinion, basing on false documents. It is claimed that, the cows’ death occurred within first fifteen days of the commencement of the Insurance and apropos the terms of the policy, the Insurer is not bound to compensate. The Insurance company therefore prays dismissal of the case with costs.
4. Both sides have submitted documents listed at the end of this order, have filed evidence affidavit reiterating their respective stands and have filed written arguments. Both sides were further heard in length.
5. Basing on the rival stands of the parties, the following points arise for our consideration.
- Does the complainant prove deficiency of service or unfair trade practice in the part of O.P.?
- What orders?
6. Our answers to the points are as detailed underneath.
- In the negative.
- As per final orders, owing to the following:-
:: REASONS ::
7. Point.No.1: In the instant case, the death of the cow had occurred on 22.05.2018 due to unknown reasons. The complainant who had the sophistication to photograph the caracass and submit the same as Annexures G&H, kept quiet up to 03.06.2018 and then only a coaxing enquiry by the village accountant and P.D.O. got initiated. None of the officials would have any chance to see the dead animal. The Veterinary officer issued the death certificate, Annexure-C on 05.07.2018 without Conducting any post mortem and the certificate is incorrigible perse. Over and above, the stipulation of the Insurance Company in Annexure-J, Annexure-R.1, is glaring at the face spelling out “The company is not liable to pay the claim in the event of death of insured animal due to disease occurring within 15 days from the commencement of risk”.
8. Over and above, immediate intimation was not given to the O.P. Insurance Company and ear tag was not submitted as Canvassed by the O.P.. From the photos submitted as Annexures G & H, the udder of the animal is not being seen to determine the gender of the dead animal. The entire matter prima facie appears to be Concocted and the complainant has failed to discharge the primary burden of proof for which we answer this point in the negative and proceed to pass the following.
ORDER.
- The complaint is dismissed.
- There would be no orders as to cost or otherwise.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 21st day of December 2018)
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A- Panchanama conducted by village accountant
date.03.06.2018. - Annexure.B– Certificate of Panchayat Development Officer Kautha
Tq.Aurad(B), Dist.Bidar date.05.06.2018. - Annexure.C- Certificate of Veterinary Officer Kautha date.05.07.2018.
- Annexure.D– Acknowledged copy of application of the complainant
date.18.07.2018. - Annexure.E- Repudiation letter of the O.P.date.18.07.2018.
- Annexure.F- Receipt of APMC Bhalki.
- Annexure-G & H- Colour photos of a dead animal.
- Annexure.J.(I-ommitted)- Copy of insurance certificate.
- Annexures-K- Copy of Aadhar Card.
Document produced by the Opponents.
- Annexure.R.1- Copy of insurance Certificate.
Witness examined.
Complainant.
- P.W.1- Smt. Shantamma W/o Kashappa Halle (complainant).
Opponent.
- R.W.1- Sri.R.S.Gugwad Divisional Manager United India Insurance
Co. Ltd. Kalburagi.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
