BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer Complaint no. 96 of 2016                                                                            

                                                          Date of Institution         :    5.4.2016

                                                          Date of decision   :    20.2.2017

Kaur Singh son of Gava Singh, resident of village Lohgarh, Tehsil Dabwali, Distt. Sirsa.

                      ……Complainant.

                                      Versus.

United India Insurance Company Limited, Kamra Building Durga Mandir Road Dabwali, through its Manager.                                                                                                           

                                                                       ...…Opposite party

            Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI S.B.LOHIA……………………….PRESIDENT

                   SHRI RANBIR SINGH PANGHAL ……MEMBER. 

Present:       Sh. B.S. Yadav,  Advocate for the complainant.

      Sh. A.S. Kalra, Advocate for opposite party.

ORDER

                   In brief, complainant’s case is that being owner of a buffalo he got insured the same with the opposite party vide policy No.1119014715P106637475 for a sum of Rs.50,000/- and the policy was effective from 11.9.2015 to 10.9.2016. It is further averred that due to accident, the buffalo of complainant fallen down and sustained injuries and as a result thereof, buffalo was lying constantly for four-five days as left scapula was dislocated and later on said buffalo died. The post mortem examination on the dead buffalo was conducted by Veterinary Surgeon of village Abubshahar and intimation was given and the amount of insurance was claimed from opposite party. However, the opposite party vide letter dated 8.12.2015 denied the claim on the ground that the animal died within 15 days from the date of insurance policy. The repudiation of claim of complainant is wrong, against law and facts and against the terms and conditions of the policy. The complainant also got served notice upon op but to no effect. Hence, this complaint.  

2.                On notice, opposite party appeared and filed written statement taking preliminary objections that complaint is not maintainable in the present form, the complaint is bad for mis-joinder and non-joinder of necessary party as Sarva Haryana Gramin Bank, Sakta Khera has not been impleaded as a party and that complainant has concealed true and material facts regarding serious ailment of buffalo even prior to the insurance and obtained the policy by concealing the true facts from company. It has been submitted that as per contract of insurance, term and conditions of the policy, if the insured animal died due to disease within 15 days from the commencement of risk, then insurer/ company is not liable for making payment of insured animal. In this case policy was issued on 11.9.2015 for covering the risk of buffalo from 11.9.2015 to 10.9.2016 and buffalo died on 25.9.2015 i.e. within 15 days of the coverage. The letter of repudiation issued by answering op is based upon the term and conditions of policy and claim lodged by complainant has been repudiated in accordance with law. The story propounded regarding accident of buffalo is false and frivolous. Infact buffalo of complainant died due to myocardial infraction commonly known as heart attack, due to myocardial and cardiac tissue degeneration and degeneration of body tissue is a long time process. With these averments, dismissal of complaint has been prayed for.

3.                The complainant has tendered his affidavit Ex.C1, notice Ex.C2, postal receipt Ex.C3, copy of insurance policy Ex.C4, reply to notice Ex.C5, repudiation letter dated 8.12.2015 Ex.C6, copy of post mortem report Ex.C7. On the other hand, op tendered affidavit Ex.R1, copy of repudiation letter Ex.R2, copy of insurance policy Ex.R3 and copy of veterinary certificate Ex.R4.

4.                We have heard learned counsel for the parties and have gone through the case file carefully.

5.                There is no dispute that complainant got insured his buffalo with opposite party on 11.9.2015 and the policy was effective from 11.9.2015 to 10.9.2016 as is also evident from copy of insurance policy Ex.C4. According to complainant, the buffalo fell down and sustained injuries and was lying on one side constantly for four-five days as left scapula was dislocated and died on 25.9.2015. Therefore, it is evident that buffalo of complainant died within 15 days of insurance of buffalo. According to terms and condition of insurance policy Ex.R3, the company is not liable to pay the claim in the event of death of insured animal due to disease occurring within 15 days from the commencement of risk. In the post mortem report Ex.C7 it is mentioned that there is hypoxic degenerations in myocardial and cardiac tissues. So, it is proved on record that death of buffalo of complainant took place within 15 days from the commencement of risk due to disease and therefore, as per terms and conditions of insurance policy, the complainant is not entitled to claim amount.

6.                Thus, keeping in view the above facts and circumstances of the present case, we find no merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to record room.

Announced in open Forum.                                           President,

Dated:20.2.2017.                                                 District Consumer Disputes

                                                                             Redressal Forum, Sirsa.

                                        Member.