By. Sri. P. Raveendran, Member:-
The Brief of the complaint:- On 21.10.2010 the complainant insured his cow with opposite party for Rs.30,000/-. The cow fall down and broken its right back legs bone and injuries to its uterus. After 10 days the cow died. Veterinary Surgeon conducted post mortem and claim form submitted to opposite party. Instead of paying Rs.30,000/- opposite party paid Rs.27,000/- to the complainant. The balance amount Rs.3,000/- is to be given to the complainant by the opposite party. Hence the complainant prayed that give direction to the opposite party to pay the balance amount of Rs.3,000/- with 18% interest from 06.01.2011 and pay Rs.1,000/- as cost of this complaint.
2. The opposite party appeared and filed his version. In the version opposite party admitted that the cow belongs to the complainant was insured with the opposite party for Rs.30,000/- on
21.10.2010. At the time of insuring veterinary surgeon certified that the cow was pregnant of 8 months. But in the claim application complainant as well as veterinary surgeon stated that the cow was pregnant aged 9 months as on 26.12.2010 ie, after 2 months of insurance. In the post mortem certificate the Veterinary Surgeon noted full term female foetus in uterus of the cow on 26.12.2010. The valuation of the cow is completely depend upon the actual available milk and age of the cow. The value of the cow during pregnancy will be very less considering the yielding cow. In this case the opposite party considering all facts and circumstances of this case settled for Rs.27,000/- as non standard basis. In fact as per the policy condition the opposite party is liable to pay the 50 to 70% of the sum insured or the market value at the time of loss. The complainant accepted Rs.27,000/- as full and final satisfaction of the claim. There is no deficiency of service on the part of opposite party and the complainant is not entitled to get any further compensation. Hence it is prayed to disallow the petition with cost of the opposite party.
3. On considering the complaint and version the following points are to be considered:-
1. Whether there is any deficiency of service on the part of opposite party?.
2. Relief and Cost.
4. Point No.1:- To prove the complainant's case he has filed his chief affidavit and Exts.A1 to A3 were marked. In the chief affidavit he stated as stated in the complaint. Ext.A1 is the Veterinary Certificate issued by the Senior Veterinary Surgeon, Pallikunnu. On perusing the above documents it is seen that the complainant is the owner of the cow and above cow was under his treatment from 26.12.2010 to 03.01.2011 and the value of the cow is Rs.30,000/- and the above cow was treated as OP No.5738/10 and the above cow died on 04.11.2011 and the Veterinary
Surgeon conducted post mortem on the cow. Ext.A2 is the Gosuraksha Insurance Scheme Certificate. It is seen that the complainant is insured his cow for Rs.30,000/- and tag No.15916 was issued to the complainant. Ext.A3 series are the prescriptions and medical bills. Medical bills duly certified by the veterinary surgeon. To prove opposite party's case the opposite party has filed his chief affidavit and Exts.B1 to B5 documents were marked. Ext.B1 is the copy of Cattle Insurance Policy and Ext.B2 is the copy of Ext.A1. Ext.B3 is the copy of Ext.A2. Ext.B4 is the copy of claim form and B5 is the Settlement Intimation Voucher. On perusing the documents produced by both complainant and opposite party it is reveal that the cow is insured for Rs.30,000/-. Ext.A1 and B2 shows that above cow died on 04.01.2011 and the value shown at the time of death by Veterinary Surgeon is Rs.30,000/-. Not giving the insured amount to the complainant is deficiency of service on the part of opposite party. The point No.1 is decided accordingly.
5. Point No.2:- The complainant insured the cow for Rs.30,000/-. But he has received only Rs.27,000/-, he has to get balance amount that is Rs.3,000/- from opposite party with 10%
interest from 06.07.2011 till the payment is made. He is also entitled to get Rs.750/- as cost of this litigation.
In the result the complaint is partly allowed and the opposite party is directed to pay Rs.3,000/- ( Rupees Three Thousand Only) with 10% interest from 06.07.2011 to till the payment is made. He is also directed to pay Rs.750/- (Rupees Seven Hundred and Fifty Only) as cost of this litigation to the complaint. This order is to be complied within 30 days of the receipt of this order.
Pronounced in Open Forum on this the day of 19th November 2011.
Date of filing:06.07.2011.
