IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Thursday the 30^th day of June, 2011

Filed on 14.02.11

Present

1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. Shajitha Beevi (Member)

in

C.C.No.44/11

between

Complainant:-                                                     Opposite Party:-

Smt.Rosamma Varghese,                         The Divisional Manager,

Churaparambu,                                                    United Insurance Co. Ltd.,

Punnakunnam,                                                     Divisional Office, Saradha Complex,

Pulinkunnoo.P.O., Alappuzha.                             Mullackal, Alappuzha

O R D E R

SRI.JIMMY KORAH (PRESIDENT

The complainants’ case in a nutshell is as follows: - The complainant purchased a cow for an amount of Rs.24,000/-(Rupees twenty four thousand only), and the same was insured with the opposite party. Thereafter, consequent to serious ailments, the said cow, on 11^th November 2010 succumbed to death at the complainant's residence. At the time of its death, the policy was in force. The material animal was insured, and the insurance was valid from 15^th May 2008 to 14^th May 2011. The complainant approached the opposite party with entire relevant documents, and lodged a claim for the insurance amount. Surprisingly, the opposite party repudiated the claim citing untenable reason that the death of the cow came about outside the insurance coverage. As a matter of fact, the insurance is valid up to 14^th May 2011. The opposite party is liable to give the complainant the sum assured. The repudiation of the complainant's legitimate claim by the opposite party amounts to deficiency of service on its part, the complainant forcefully submits. Got aggrieved on this, the complainant approached this Forum for compensation and other relief.

1. Notice was sent. The opposite party yet did not make it a point to appear before this Forum. With the result, the opposite party was set exparte.

2. On the side of the complainant, the complainant filed proof affidavit and the documents Exts. A1 to A5 were marked.

3. Concededly, the complainant availed the policy from the opposite party. The death of the cow in question took place on 11^th November 2010. The opposite party refused to pay the claim amount naming the reason that the death of the cow was outside the period of the policy. In this context, the immediate sole short question to be addressed is whether the insurance policy in question was valid at the time of the material animal's death. We carefully went through the evidence let in by the complainant. On plain perusal of Ext. A5, it is very clear that the policy is valid up to 14^th May 2011. Indisputably, the cow died on 11^th November 2010. Needless to say, at the time of the said animal's death the policy was in force. The opposite party committed service deficiency. In this context, we have no hesitation to hold that the opposite party is liable to honor the complainant's claim.

4. In view of the circumstance elaborated supra, the opposite party is directed to pay the complainant an amount of Rs.12,500/-(Rupees twelve thousand five hundred only) with 9% interest from the date of filing the claim before the opposite party. The opposite party is further directed to pay a compensation of Rs.3,000/-(Rupees three thousand only) and another amount of Rs.500/-(Rupees five hundred only) as cost to the complainant. The opposite party shall comply with the order within 30 days of receipt of this order.

In the result, the complainant stands disposed accordingly.

Before parting with this, we may hasten to observe that, the companies like the opposite party are not expected to one or other handy reason to fall back on them for denying the legitimate claims of the insured. They may adopt a more liberal and human approach in similar issues in future.

Pronounced in open Forum on this the 30^th day of June, 2011.

                                                                                                Sd/-Sri. Jimmy Korah

Sd/-Sri. K. Anirudhan

Sd/-Smt. N. Shajitha Beevi     

Appendix:-

Evidence of the complainant:- 

Ext. A1            -           The copy of Cattle Insurance Proposal Form

Ext. A2            -           The copy of the Post Mortem Report

Ext. A3            -           The copy of the Death Certificate dated, 11.11.10

Ext. A4            -           The copy of the Claim Form

Ext. A5            -           The copy of the Claim Refusal Intimation dated, 31.12.10

Evidence of the opposite party:- Nil 

// True Copy //

                                                                                 By Order

                                                                                   Senior Superintendent

To

            Complainant/Opposite Parties/S.F.

Typed by:- k.x/-      

Compared by:-