Punjab

Sangrur

CC/628/2017

Avtar Singh - Complainant(s)

Versus

United India Insurance Company Limited - Opp.Party(s)

Sh.S.S.Ratol

06 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                       

                                                Complaint No.  628

                                                Instituted on:    27.11.2017

                                                Decided on:       06.06.2018

 

Avtar Singh son of Narinder Singh, R/O Village Ghanaur Kalan, Tehsil Dhuri, Distt. Sangrur.

                                                        …Complainant

                                Versus

 

United India Insurance Co. Ltd. through its Branch Manager, MO Office Above Singla Pollution Near Vaid Piara, Dhuri, Distt. Sangrur.

                                                        ..Opposite party

 

 

For the complainant  :       Shri S.S.Ratol, Adv.

For OP                     :       Shri Bhushan Garg, Adv.

 

Quorum:   Sukhpal Singh Gill, President

Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Avtar Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant availed the services of the OP by getting insured his cows from the OPs vide policy number 1117864717P101307886 for the period from 19.4.2017 to 18.4.2018 and the complainant also paid the fee to the Veterinary Surgeon for issuing the health certificates. 

 

2.             Further case of the complainant is that during the subsistence of the insurance policy, one cow having chip number 990000000 375699 died on 8.07.2017 and as such the complainant intimated the OP about the death of the cow. It is further averred that the post mortem on the dead body of the cow was conducted by Veterinary Surgeon of the Hospital, Mulowal. Further case of the complainant is that the OP also deputed one surveyor, who visited the house of the complainant and checked the dead cow and the complainant also submitted all the documents along with the chip to the OP.  Further case of the complainant is that though the complainant submitted all the documents to the OP for payment of the claim, but all in vain. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to pay to the complainant an amount of Rs.50,000/-  along with interest @ 18% per annum from the date of death of the cow till realisation and further complainant has claimed compensation and litigation expenses.

 

3.             In reply filed by the OP, preliminary objections are taken up on the grounds that the present complaint is abuse of process of law and is absolutely false, frivolous and vexatious, that the complaint is not tenable, that the complainant has not come to the Forum with clean hands.  On merits, it is admitted that the complainant got insured his ten cows in question. It is also admitted that the deceased cow of the complainant died on 08.07.2017 and thereafter the OP immediately appointed surveyor Er. Bhupesh Bhardwaj of Sangrur, who visited the spot at about 4.45 PM on the same day and conducted spot inspection and submitted his report dated 11.7.2017. Further case of the OPs is that as per the survey report, surveyor advised the complainant to get the post-mortem of the dead cow, as no post-mortem was conducted at that time.  The post mortem report is said to be fake and forged one.  As such, it is stated that no claim is payable to the complainant in view of the terms and conditions of the policy. The other allegations levelled in the complaint have been denied in toto.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-6 copies of the documents and affidavits and closed evidence. On the other hand, the learned counsel for OP has produced Ex.OP-1 to Ex.OP-13 copies of documents and 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 10 cows in question from the OP by paying the requisite premium for the period from 19.4.2017 to 18.4.2018 and the OP issued the insurance policy, a copy of which on record is Ex.C-5, which clearly reveals that the complainant got insured his ten cows and the dead cow having the disputed chip is also insured one.  Ex.C-4 is the description of the animal having chip number 990000000375699. Ex.C-1 is the copy of the intimation submitted to the OP about the death of the cow in question. We have further perused the whole case file and find that the OP has not paid/settled the claim of the dead cow on the only ground that the complainant submitted the post-mortem report to the OP along with other documents and on going through the alleged post-mortem report, OP found in the post-mortem report that the post-mortem on the dead animal was conducted at 1.30 PM on the same day but as per the report of the surveyor, the post-mortem was not got done by the complainant of the dead animal upto 4.45 PM, so the post-mortem report conducted by the complainant is either faked, forged, fabricated or false one issued without conducting the post-mortem on the dead body. But, we are unable to go with this contention of the learned counsel for the OP that the post mortem report is fake one, as there is no cogent, reliable and trustworthy evidence on record produced by the OP to support such a contention, more so when, the post-mortem report is prepared by the responsible Veterinary Doctor of Veterinary Civil Hospital, Mulowal, Sangrur, a copy of which on record is Ex.C-3.  Further there is nothing produced by the OP on the record that the post-mortem on the dead body of the cow was not conducted till 4.45 on 9.07.2017 (date of death of the cow). Now, the fact remains that the insured cow bearing chip number 990000000375699 died on 8.7.2017 which was insured one for Rs.50,000/- with the OP, but the OP did not pay the rightful claim of Rs.50,000/- to the complainant on account of dead cow, which seems that there is deficiency in service on the part of the OP.

 

7.             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.

 

 

8.             In view of our above discussion, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.50,000/- being the 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. 27.11.2017 till realisation.  We further direct OP to pay to the complainant an amount of Rs.5,000/- in lieu of compensation for mental tension and harassment and litigation expenses.

9.             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 6, 2018.                                                   

                                                        (Sukhpal Singh Gill)

                                                               President

 

 

                                                            (Sarita Garg)

                                                                 Member

 

 

                                                          (Vinod Kumar Gulati)

                                                                   Member