Punjab

Sangrur

CC/80/2015

Harpal Singh - Complainant(s)

Versus

UIIC Ltd. - Opp.Party(s)

Shri Kulvir Singh Sunam

12 Jun 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    80

                                                Instituted on:      16.02.2015

                                                Decided on:       12.06.2015

 

Harpal Singh son of Karnail Singh, resident of Neelowal Road, Sunam, Tehsil Sunam, District Sangrur.

                                                        …Complainant

                                Versus

1.     United India Insurance Co. Ltd. Dhuri Road, Sangrur through its Branch Manager.

2.     United India Insurance Company Limited, Divisional Office, SCO 72, Phase-9, SAS Nagar, Mohali, through its Divisional Manager.

3.     Dr. Vishal Deep, Veterinary Officer/ Medical Officer, Civil Animal Hospital, Sunam, Tehsil Sunam, District Sangrur.

                                                        ..Opposite parties

 

For the complainant    :       Shri Kulvir Singh, Adv.

For OPs No.1&2        :       Shri Ashish Garg, Adv.

For OP No.3              :       Exparte.

 

Quorum:    Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Harpal Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that  OP number 3 approached the complainant to insure his cows and on his assurance, the complainant got insured his two cows  with the Ops number 1 and 2 vide token number 79322 and 79323 on 27.08.2014 which was valid for one year. It is further averred that the cow in question  was insured for Rs.40,000/- bearing token number 79322 and another cow for Rs.30,000/- having token number 79323.  It is further averred that on 28.09.2014, the cow bearing tag number 79322 died and accordingly the complainant approached OP number 3, who visited the house of the complainant and got conducted the post-mortem as per instructions of the OPs number 1 and 2 and OP number 3 also took photographs of the dead cow.  Thereafter the complainant submitted all the documents to the Ops, but the Ops failed to release the rightful claim of the complainant. Thus,  alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay to the complainant an amount of Rs.40,000/- along with interest @ 18% per annum from the date of death of the cow till realisation. Further the complainant has claimed an amount of Rs.50,000/- on account of mental torture, agony and harassment and an amount of Rs.5,000/- on account of  litigation expenses.

 

2.             In reply filed by the OPs number 1 and 2, it is stated that on the request of the Punjab Live Stock Board, Sector 17, Chandigarh, the OPs issued a cattle insurance policy for the period from 28.08.2014 to 27.08.2015 subject to the terms and conditions of the policy and insured two cows belonging to the complainant.  It is further admitted that cow bearing tag number 79322 was also insured for Rs.40,000/-. It is admitted that after receiving the intimation regarding death of one cow bearing ear tag number 79322, the OPs immediately appointed Shri M.S.Kohli, Investigator for investigation of the claim, who submitted his report dated 10.02.2015. The OPs after examining the entire record carefully sanctioned the claim of Rs.30,000/- and NEFT was made on 25.3.2015 vide transaction number 1121001503000166, as such, it is stated that there is no deficiency in service on the part of the Ops. Lastly, the Ops have prayed for dismissal of the complaint.

 

3.             OP number 3 did not appear despite service, as such, OP number 3 was proceeded exparte on 24.04.2015.

 

4.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of insurance policy, Ex.C-3 copy of PMR, Ex. C-4 copy of claim form cum death certificate and closed evidence. On the other hand, the learned counsel for the OPs number 1 and 2 has produced Ex.OP1&2/1 copy of policy, Ex.OP1&2/2 affidavit, Ex.OP1&2/3 copy of survey report and closed evidence.

 

5.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

6.             It is an admitted fact between the parties that the complainant got insured his two cows from the OPs under the policy in question, a copy of which on record is Ex.OP1&2/1. It is also not in dispute that the complainant intimated to the OP about the death of the cow in question bearing tag number 79322.  It is further case of the complainant that unfortunately the cow in question of the complainant bearing tag number 79322 died during the subsistence of the insurance policy, but grievance of the complainant is that the OPs did not settle the claim till the filing of the present complaint and lastly during the present proceedings, the Ops number 1 and 2 settled the claim of the complainant at Rs.30,000/- and sent the amount of Rs.30,000/- to the account of the complainant on 25.3.2015 through NEFT vide transaction number 1121001503000166.  It is stated further by the OPs that the value of the cow at the time of its death was Rs.30,000/-, as such the amount of Rs.30,000/- has already been paid and has contended that there is no deficiency in service on its part.  

 

7.             We have very carefully perused the whole of the case file and failed to find on record any justification from the side of the Ops that why they did not pay the full amount of the value of the cow i.e. Rs.40,000/- and why they paid only an amount of Rs.30,000/- only.  It is worth mentioning here that the cow in question was insured for Rs.40,000/- only on 28.08.2014, whereas the cow in question died on 28.09.2014 during the gap of one month only.  There is now justification on record from the side of the OPs number 1 and 2 that what was the basis of deduction of the amount of Rs.10,000/- as the cost of the cow within one month of its insurance.  As such, we find that the Ops number 1 and 2 are clear cut deficient in not paying the full insurance claim.  Moreover, the claim amount of Rs.30,000/- has also been paid only after filing of the present complaint, which was filed on 16.02.2015.  We further find that the Ops number 1 and 2 are liable to pay to the complainant an amount of Rs.10,000/- more.

 

8.             The insurance companies are in the habit to take these type of projections to save themselves from paying the insurance claim. The insurance companies are only interested in earning the premiums and find ways and means to decline claims. The above said view was taken by the Hon’ble Justice Ranjit Singh of Punjab and Haryana High Court in case titled as New India Assurance Company Limited versus Smt. Usha Yadav and others 2008(3) R.C.R. 9 Civil) 111.

 

9.             In view of our above discussion, we allow the complaint and direct the OPs number 1 and 2 to pay to the complainant an amount of Rs.10,000/- being the remaining amount of insurance claim on account of death of the insured cow in question along with interest @ 9% per annum from the date of filing of the present complaint i.e. 16.02.2015 till its realisation.  The OPs number 1 and 2 are further directed to pay to the complainant an amount of Rs.10,000/- in lieu of compensation for mental tension and harassment and litigation expenses.

 

10.            This order of ours be complied with within a period of thirty days of its communication. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                June 12, 2015.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                              (K.C.Sharma)

                                                                Member

 

 

                                                                (Sarita Garg)

                                                                    Member