Punjab

Sangrur

CC/70/2015

Karam 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.    70

                                                Instituted on:      10.02.2015

                                                Decided on:       12.06.2015

 

Karam Singh son of Khushi Singh, resident of Bakhtaur Nagar, (Kothe Khushi Singh), Sunam, Tehsil Sunam, District Sangrur.

                                                        …Complainant

                                Versus

1.     United India Insurance Company. 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 Satpal Sharma, 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 Karam 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 27305 and 27324 on 08.02.2012 for three years and the value of each of the cow was Rs.30,000/-.  It is further averred that in the month of August, 2014, one of the cow bearing tag number 27324 died and information of which was given to the OP number 3 and on his advise the post-mortem of the cow was got conducted. It is further stated that OP number 3 removed the token from 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.30,000/- 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, the allegations levelled in the complaint have been denied in toto.  It is stated further that the complainant is not a consumer of the Ops. The cow having token number 27305 was insured under policy number 112100/47/11/01/00000626 for one year from 22.2.2012 to 21.2.2013, whereas the cow in question died on 14.8.2014 after the expiry of the policy in question.  It is stated further that the complainant is not entitled to get any claim.  It is stated further that the Ops received the intimation on 14.8.2014 regarding the death of the cow bearing tag number 27324. The post-mortem of the dead cow was conducted on the same day.  After receiving the documents, the Ops verified all the documents and found that the cow bearing tag number 27324 was insured for the period from 22.2.2012 to 21.2.2013, as such the claim was repudiated as the cow died only on 14.8.2014 after the period of insurance.  Any deficiency in service on the part of the Ops has been denied.

 

3.             OP number 3 did not appear despite service, as such, OP number 3 was proceeded exparte on 23.04.2015.

 

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, E.xC-5 copy of letter dated 8.4.2015 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 letter, Ex.OP1*2/2 copy of letter dated 8.4.2015, Ex.OP1&2/3 copy of claim note, Ex.OP1&2/4 copy of certificate, Ex.OP1&2/5 copy of policy, Ex.OP1&2/6 to Ex.OP1&2/12 copies of photographs, Ex.OP1&2/13 copy of claim form, Ex.OP1&2/14 copy of PMR, Ex.OP1&2/15 affidavit 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&2/5. It is also not in dispute that the complainant intimated to the OPs about the death of the cow in question bearing tag number 27324, but grievance of the complainant is that the OPs repudiated the claim of the complainant on the ground that the claim of the complainant does not fall under the insurance policy in question.

 

7.             In the present case, the learned counsel for the complainant has contended vehemently that the cow in question was insured for three years from 22.02.2012 and the cow in question died on 14.08.2014 during the subsistence of the insurance policy, whereas the learned counsel for the Ops has contended vehemently that the cow was insured for one year only for the period from 22.02.2012 to 21.02.2013. Now, the question before us for determination is whether the claim of the complainant falls under the policy in question or not.

 

8.             We have very carefully perused the whole case file and found that as per the health certificate Ex.C-2, which was allegedly issued by Dr. Vishal, OP number 3 clearly shows that the term of the insurance was three years, but the insurance policy is only for one year.  But, since the complainant was an illiterate person and he got the cows insured from the Ops for three years, as is evident from the copy of health certificate, Ex.C-2, we feel that the claim of the complainant cannot be thrown on this ground as alleged by the OPs.  Moreover, there is no dispute that the cow in question has died as is evident from the copy of post-mortem report, which is on record as Ex.C-3.  

 

9.             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.

 

10.            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.30,000/- regarding the 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. 10.02.2015 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.

 

11.            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