Haryana

Sonipat

CC/17/2016

Wazir S/o Balwan - Complainant(s)

Versus

The Oriental Insurance Co. Ltd. - Opp.Party(s)

S.K. Antil

01 Apr 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

                                Complaint No.17 of 2016

                                Date of Instt. 14.01.2016 

                                Date of order: 01.04.2016

 

 

Wazir son of Balwan Singh, resident of village Kathura, tehsil Gohana, Distt. Sonepat.

                                          ...Complainant.

                        Versus

 

The Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, 204R, Model Town, Atlas road, Sonepat.

 

                                           ...Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. SK Antil Adv. for complainant.

           Sh. Surender Malik, Adv. for respondent.

 

BEFORE-  NAGENDER SINGH, PRESIDENT.

        SMT.PRABHA WATI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he got his buffalo of Murrah Breed insured with the respondent under Cattle General Scheme of the Govt. of Haryana for Rs.60,000/- against tattoo/brand tag no.16006 767292 for the period 9.2.2015 to 8.2.2016. But unfortunately, the said buffalo had died on 22.2.2015.  Post mortem of the dead buffalo was conducted by the Veterinary Surgeon, I/C GVH Kathura, Sonepat.  The complainant thereafter has lodged the claim with the respondent and has submitted all the required documents, but the respondent company has repudiated the claim wrongly and illegally on 8.6.2015 on the ground that as per policy condition, the claim would not be entertained in the event of death due to disease contract within 15 days of commencement of risk. Thus, the complainant has alleged the repudiation of the claim to be wrong and illegal. So, he has come to this Forum and has filed the present complaint.

2.        In reply, the respondent has submitted that no claim will be entertain within 15 days of insurance.  The buffalo of the complainant was insured with the respondent, but the buffalo has died within 13 days of commencement of risk, so, the claim was rightly repudiated by the respondent insurance company.  So, the complainant is not entitled for any relief and compensation and thus, prayed for the dismissal of the present complaint.

3.        We have heard the arguments advanced by the ld. Counsel for both the parties at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

4.        Ld. Counsel for the respondent has submitted

that no claim will be entertain within 15 days of insurance.  The buffalo of the complainant was insured with the respondent, but the buffalo has died within 13 days of commencement of risk, so, the claim was rightly repudiated by the respondent insurance company.  So, the complainant is not entitled for any relief and compensation.

          In the present case, the complainant has placed on record Ex.C1 Health cum evaluation certificate issued by the Vety. Surgeon, Govt. Hospital and the same was issued on 4.2.2015. Ex.C2 is the post mortem report, wherein the tag no. is mentioned ass 16006 767292 and cost of the buffalo is mentioned as Rs.60,000/-. 

          As per the complainant, at the time of issuance of the valuation certificate, the doctor and respondents have received the premium and has issued the tag number.   The complainant has also placed on record Ex.C3 the detail of collectively issuance of insurance policies to 22 different persons.

          Infact the tag was issued by the doctor when he received the premium from the owner of the buffalo.  In case in hand, some premium of insurance under the policy has been paid by the Govt.

          In our view, the complainant is entitled to get the claim amount of Rs.60,000/- from the respondent because the tag was issued to the complainant on 4.2.2015 and the buffalo of the complainant had died on 22.2.2015 i.e. after 15 days of issuance of insurance policy.  Thus, we hereby direct the respondent insurance company to make the payment of Rs.60000/- (Rs.sixty thousand) to the complainant within a period of 45 days, otherwise, the said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till its realization.

          With these observations, findings and directions, the present complaint stands allowed.

          Certified copy of this order be provided to both the parties free of costs.

File be consigned to the record-room.

 

(Prabha Wati Member)            (Nagender Singh-President)

DCDRF, Sonepat.                       DCDRF, Sonepat.

Announced:  01.04.2016