By. Sri. K. Gheevarghese, President:-

The complaint filed against the opposite parties for insured sum for the died cow.

2. The complaint in brief is as follows:- The complainant insured a cow for a sum of Rs.25,000/- with the 1^st opposite party through the 2^nd opposite party. The insured cow was poisoned and died. The cow which was insured had given 18 liters of milk during the period when it died. The complainant informed the 1^st opposite party the insurer through the 2^nd opposite party. The necessary documents as such claim form, ear tag, and other records were forwarded to the 1^st opposite party through the 2^nd opposite party. The complainant insured the cow under a scheme and the premium amount was given to the 2^nd opposite party who processed the insurance. The claim of the complainant of the insured sum of Rs.25,000/- is not considered by the opposite parties and it is a deficiency in service. There may be an order directing the opposite parties to give the complainant Rs.25,000/- with interest at the rate of 12% from 07.10.2010 onwards till the realization of the amount along with cost and compensation.

3. The 1^st opposite party filed version in short it is as follows:- This opposite party did not received the claim form, Postmortem certificate and valuation certificate with ear tag of the complainant's cow. The 2^nd opposite party informed this opposite party on the non receipt of the claim form and other documents necessary for valuation. In the absence of claim form, valuation certificate, postmortem certificate and ear tag this opposite party could not consider the claim. There is no deficiency in service on the part of this opposite party. If any compensation is payable it is for the 2^nd opposite party to pay the same.

4. The 2^nd opposite party filed version in brief it is as follows: The death of complainant's cow which was insured by the 1^st opposite party was informed to the insurer the 1^st opposite party. In behalf of the complainant this opposite party has given the claim form certificate of the veterinary surgeon and other documents to the 1^st opposite party on 08.10.2010. There was no response from the insurer. The 1^st opposite party and a reminder was sent by this opposite party on 08.04.2011 followed by that an another letter was also sent to the 1^st opposite party on 23.04.2011. These letters were acknowledged by the insurer but so long the claim of the complainant for insured sum is not favorably considered. There may be an Order directing the 1^st opposite party to give the complainant the insured sum in the death of the cow.

5. The points in consideration are:-

1. Is there any deficiency in service on the part of the opposite parties not issuing

the insurance claim?

2. Relief and Cost.

6. Points No.1 and 2 :- The evidence in this case consist of the proof affidavit of the complainant, opposite parties No.1 and 2. Oral testimony of the complainant, opposite parties and the witnesses. Ext.A1, A2 and B1 to B11 are the documents.

7. The allegation of the complaint is that the cow insured by the 1^st opposite party under scheme “Gosuraksha” which was initiated through the 2^nd opposite party the KsheeraSahakarana Sangam. The cow was insured for a sum of Rs.25,000/- and certificate in serial No.1423 was issued to the complainant ie Ext.A1. Documents necessary for honoring the claim were sent to the insurer with covering letter dated 07.10.2010. This letter informs the contents which are sent to the 1^st opposite party consist of claim form, veterinary certificate, Gosuraksha Insurance scheme certificate, photo and ear tag. Ext.B3 and Ext.A2 are one and the same. On perusal of the documents there were communications by the 2^nd opposite party to the insurer for the consideration of the claim. Subsequent to the forwarding of the claim form the insurer was informed of that the claim amount was not considered so far and reminders were sent there after. An another reminder dated 20.04.2011 was sent to the 1^st opposite party that the claim amount for the death of the cow of the complainant was not given to the complainant. Acknowledgment of the registered letter is Ext.B8.

8. The documents shows that the 2^nd opposite party that Ksheera Sahakarana Sangam informed the 1^st opposite party the insurer from time to time that the claim of the insured cow is not given to the complainant. The 1^st opposite party tendered oral evidence. The Manager United India Insurance Company is examined as OPW1. According to them they conveyed a telephonic message to 2^nd opposite party that the claim form and other necessary documents are not received to honor the claim of the complainant. Any how it cannot be relied on. Nothing in black and white is produced by the 1^st opposite party to substantiate their contention that they were not given claim form and other documents necessary for honoring the claim. It is admitted by the 1^st opposite party that along with insuring of the cow of the complainant 60 other cows were insured from the same locality. The 2^nd opposite party is examined as OPW2. Ext.B2 the letter to the 1^st opposite party is sent by registered post. But it was not sent along with acknowledgment card. Subsequent to this letters the 2^nd opposite party informed the 1^st opposite party that the claim of the complainant is not considered so far. The post master Kalpetta postoffice is examined as OPW4. On 08.10.2010 a letter registered was booked from Sasimala Post Office to United India Insurance Company Kalpetta ie Ext.B9. The delivery slip of the registered letter is the Ext.B11. The registration No.723 copy of the delivery slip of registration department Kalpetta shows that the letter sent from Sasimala is delivered to the Manager United India Insurance company on 11.10.2010. It is to be considered that the death of the complainants cow which is insured by the 1^st opposite party is informed to the insurer along with necessary documents to honor the claim. The non issuance of the claim amount to the complainant is a deficiency in service. The cow was insured for the sum of Rs.25,000/-. From the above inferences the claim of the complainant for the insured sum is to be given along with cost. The 2^nd opposite party is only a mediator who stands in the way of helping the member in Sahakarana Sangam who is not liable for the compensation and claim of the complainant.

In the result complaint is partly allowed. The 1^st opposite party is directed to issue the claim amount Rs.25,000/- (Rupees Twenty Five Thousand Only) to the complainant along with cost of Rs.500/- (Rupees Five Hundred Only) within one month from the date of receipt of this Order.

Pronounced in Open Forum on this the day of 31^st December 2011.

Date of Filing:09.06.2011.