( Passed on dated 29th April, 2015 )
Per Shri Atul D. Alsi – Hon’ble President.
The complainant is the President of Gajanand Dairy Agriculture Sahakari Sanstha at post Katangi, Tah- Goregoan, Distt. Gondia. The said Sanstha has got insurance policy under “CATTLE INSURANCE POLICY” from the office of The New India Assurance Co. Ltd. Gondia Branch vide policy No. 16030247130400000134 and paid total premium of Rs. 22921/- valid from period 31.05.2013 to 30.05.2016 through the complainant.
2. On dated 21.06.2013 there occurred death of one cow bearing Tag No. NIA-8379.
3. The Panchnama was carried out in presence of number of persons and also certificate to that effect is issued by Sarpanch of Gram Panchayat, Katangi (Burz) and certificate is also issued by Hon’ble Police Patil of village.
4. Tag No. NIA-8379 is reported to be dead during period of its insurance cover with respondent office and it was timely intimated and all paper were accordingly submitted to office of respondent by complainant.
5. On dated 01.09.2013 O. P. issued a letter and communicated claim of death as “No Claim”.
6. The detail of claim/compensation is as below:-
1. 25,000/- Insured amount not paid.
2. 18% Interest on claimed amount from 21.06.2013
3. 20,000/- towards to and too expenses to complainant due to act respondent
4. 20,000/- For mental agony & harassment
5. 10,000/- Cost of litigation etc.
6. 10,000/- Misc. Expenses etc. including deficiency in service
1,00,000/- Total Claim Amount
7. After receiving the notice issued by the Forum, the O.P. No. 1 & 2 appeared through their counsel and filed their written statement before the forum.
8. In their reply, the O. P. No. 1 & 2 submits that the opponents has issued the alleged policy under cattle Insurance Policy No. 16030247130400000134 dated 31.05.2013 to the complainant as per details of insured cattle in which at serial No. 3 tag of Cattle shown as NIA-8371. The cattle was died on 21.06.2013. It is submitted by the O. P. 1 & 2 that the complainant on 08.07.2013 has informed the opponent as to lost/missing of tag No. NIA-8371 and got endorsement of new tag No. 8379 in place of 8371. That with intention to gain unlawful claim the complainant never inform about the death of cattle prior to getting the endorsement of new tag number. Moreover the complaint is totally false & bogus in respect of uninsured dead animals hence it is liable to be dismissed with cost.
9. In their special pleading the O. P. 1 & 2 submits that the Tag No. 8379 was not insured with the O. P. at the time of death.
10. The complainant has filed Copy of Cattle Insurance Policy at page no. 14, Copy of “No Claim” letter at page no. 17 on record.
11. The learned counsel for complainant Ms. Sangeeta Rokde argued that the complainant is the President of Gajanand Dairy Agriculture Sahakari Sanstha at post Katangi, Tah. Goregoan, Distt. Gondia. The said Sanstha has got insurance policy under “CATTLE INSURANCE POLICY” from the office of The New India Assurance Co. Ltd. Gondia Branch. On dated 21.06.2013 there occurred death of one cow bearing Tag No. NIA-8379. Soon after death of cow bearing Tag No. NIA-8379 the Panchnama was carried out in presence of Number of persons and also certificate to that affect is issued by Sarpanch of Gram Panchayat, Katangi (Burz) and certificate is also issued by Police Patil of village. The respondent has assigned the reason that above ear tag holding animal is not covered in the policy. The complainant being insured is entitled to said claim under policy no. 16030247130400000134 and therefore continuously persevering his genuine and bonafide claim and its settlement but till date respondent has not settled his claim. The respondent has admitted the policy under cattle Insurance Policy No. 16030247130400000134 dated 31.05.2013 to the complainant as per details of insured cattle in which at serial No. 3 tag of cattle shown as NIA-8379.
12. The learned counsel for opposite parties Ms. Indira Baghele argued that the opponent has issued the alleged policy under cattle insurance policy No. 16030247130400000134 dated 31.05.2013 to the complainant as per details of insured cattle. The complainant never inform about the death of cattle prior to getting the endorsement of new tag number. The complaint filed by the complainant is totally false & bogus in respect of an insured animal hence it is liable to be dismissed with cost. The learned counsel argued also that the claim of the complainant was rightly rejected by the O. P. and the animal with tag No. 8373 was not insured with the O. P. at the time of death as there is no contact between the complainant and O. P. 1 to indemnity the loss & hence claim of complainant is repudiated on dated 01.09.2013 as no claim.
13. Considering the rival contention of the party & submission made before us the following points arise for consideration & finding there on along with reasons.
Sr. No. | Points | Findings |
1. | Whether the cow bearing tag no. NIA-8379 is insured with O. P.? | YES |
2. | Whether the complainant is entitled to receive the insurance claim of cow bearing tag No. NIA-8379? | YES |
3. | What Order? | As per final order. |
REASONING & FINDINGS
14. The O.P. issued corrected policy in respect of complainant’s cow bearing tag No. 8379 covering insurance claim for the period of 31.05.2013 to 30.05.2016. The old policy filed by O. P. on page no. 42 the new corrected policy is filed by complainant along with complaint at page no. 14. Therefore it is proved that the cow of complainant was insured with O. P. bearing tag no. NIA-8379 at the time of death. The date of death is covered under policy which is filed on record by complainant at page no. 14. Hence the answer to point no. 1 is decided positively.
15. The O. P. has rejected the insurance claim under cattle policy holding that the cattle was not insured with O. P. as per letter no. NRO/CLAIM-HUB/47-126/2013/933 dt. 01.09.2013. The insurance policy issued by O. P. on 1st July 2013 clearly specified that the cattle bearing no. NIA-8379 is insured for the period of 31.05.2013 to 30.05.2016. The death of cow occurred between insured period. The repudiation letter did not contain any fraud is played by complainant at the time of repudiation of claim. The O. P. has not supported any evidence to the contention of fraud played by complainant in respect of policy. Hence the complainant is entitled to receive the compensation under policy for the death of cattle. Hence the following order.
-: ORDER :-
1. The complaint is partly allowed.
2. The O.P. No. 1 & 2 is directed to pay insured amount of cattle bearing Tag No. NIA-8379 of Rs. 25,000/- along with 9% interest from admission of case i.e. 31.07.2014 till its realization.
3. The O.P. No. 1 & 2 is directed to pay Rs. 5,000/- towards compensation for mental agony.
4. The O.P. No. 1 & 2 is directed to pay Rs. 5,000/- for litigation charges.
5. The above amount shall be paid within 30 days from the date of receipt of this order.
