Haryana

Yamunanagar

CC/142/2024

Sohan Lal S/o Mohinder Pal - Complainant(s)

Versus

The New India Assurance Company Ltd. - Opp.Party(s)

Suresh Kumar

23 Apr 2024

ORDER

CC No. 142 of 2024

Sohan Lal Vs. NIA

 

Present:       Sh. Suresh Kumar, Adv. for the complainant.

 

1.                Complaint presented before the registry of this Commission on 18.4.2024 and put up before this Commission on today itself. It is hereby ordered to be registered against the registration number already allotted by the registry of this Commission.

2.                 Counsel for the complainant attached documents Ex.C-1 to Ex. C-11 with the complaint.

3.                  Heard.

4.             Cow of the complainant was insured by the New India Assurance Company Limited having one of the branch offices at Yamuna Nagar, for the period 7.7.2023 to 6.7.2024 and the insurance company issued Tag No.160027-933870, fact is reflected from Live Stock Form (how much was the same assured not pleaded by the complainant, nor the insurance certificate or insurance policy placed on record). The insured cow of the complainant expired on 15.10.2023, fact is reflected from post mortem report Ex.C11 conducted by Veterenery Surgeon concerned and complainant lodged the claim under the policy through Veterenery Surgeon concerned by fulfilling live stock form Ex.C2 dated 16.10.2023.

5.                  As per the version of the complainant, the claim of the complainant as neither been approved nor repudiated by the opponent i.e. New India Assurance Company Limited, which made the complainant an aggrieved person to file the complaint before this Commission.

6.               The complainant has not attached insurance certificate/insurance policy with the complaint and his counsel expressed inability to produce the same. The Live Stock Claim Form submitted by the complainant shows he had submitted his claim with the opponent, which has till date, neither been accepted nor been rejected. So, this complaint is pre-mature and is liable to be rejected, on this ground.  However, in order to maintain the balance, and to avoid any sort of prejudice to any of the party, if, appropriate directions are given to both the parties, to perform their respective part of obligation, it will suffice the purpose and ends of justice will meet. No notice is required to the opponents affording an opportunity of being heard because no adverse order against the opponents has been passes, at this stage.

7.             Hence, due to reasons stated hereinbefore,  complaint is rejected, it being pre-mature, without touching on the merit of the case. Complainant is directed to submit all the relevant documents such as, insurance policy, insurance certificate, post mortem report of the cow, death report of the cow, Live Stock Claim Form with the opponent no.2, against proper receipt within the period of 10 days from today. On receipt of documents, New India Assurance Company Limited through its branch office at Yamuna Nagar will decide the claim case of the complainant, in either way by passing speaking order. Thereafter, if the, claim of the complainant,  is not settled, in either way or if settled, then, complainant shall be at liberty to file a fresh complaint, before the Commission, against the opponents, if, advised so, disclosing the particulars and fate of the complaint and alongwith fresh complaint, complainant will also attach copy of this order + relevant insurance policy or insurance certificate. and in the fresh complaint, complainant will disclose the particulars of this complaint, it fate and will attach the copy of this order. Certified copy of order be supplied to the complainant, free of cost and the complainant will communicate the certified copy of this order, to the opponent No.2, at his own responsibility, by sending the same, to the opponent No.2 through registered post or E-mail, as the case may be. Apart from it, he will also make efforts, to deliver the certified copy of this order, to the opponent No.2, through nearest local branch, of the opponent No.1.

8.               File be consigned to the records.

                                                                                                            President,

   L. Member.                            Member.                                            DCDRC, YNR,

                                                                                                            23.4.2024.

 

 

Typed by: Aarti.