Punjab

Sangrur

CC/279/2018

Nath Ram - Complainant(s)

Versus

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

Sh. Amit Goyal

11 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                            

 

                                                                        Complaint No. 279

Instituted on:  15.06.2018

                                                                        Decided on:    11.03.2019

 

Nath Ram S/o Jagan Nath R/O Village Lehra Gagga, District Sangrur.

 

                                                        …. Complainant.       

                                         Versus

 

1.     United India Insurance Company Limited, City Road, NRG Complex, 1^st Floor, Sunam, District Sangrur through its Branch Manager.

2.     United India Insurance Company Limited, Regd. & Head Office: 24, Whites Road, Chennai through its G.M.

             ….Opposite parties

 

 

FOR THE COMPLAINANT:      Shri Amit Goyal, Advocate                          

 

FOR OPP. PARTIES           :      Shri L.K.Singla, Advocate.      

 

Quorum

         

                   Vinod Kumar Gulati, Presiding Member

                    Manisha, Member

ORDER:   

 

Vinod Kumar Gulati, Presiding Member

 

1.             Shri Nath Ram, 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 the complainant is a consumer of the Ops getting insured his six cows from the OPs vide policy number 1117024715P115573631 for Rs.60,000/- each by paying a total premium of Rs.14,015/- for the period from 14.3.2016 to 13.3.2017. It is further averred that at the time of insurance, all the cows were got examined through Dr.Ram Kumar, who also issued a health certificate.

 

2.             Further case of the complainant is that during the subsistence of the insurance policy, unfortunately one cow of the complainant as mentioned at serial number 1 in the animal health certificate bearing tag number 52264 died on 23.8.2016 due to acute impaction and intimation regarding the same was immediately given by the complainant to the Ops, of which postmortem of the cow was also performed by Dr. Dev Raj, Sr. Veterinary Officer, PAHS, Tehsil Moonak on 23.8.2016.  Thereafter the complainant submitted all the documents to the Ops for settlement of the claim, but, the grievance of the complainant is that the Ops have failed to settle the genuine 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.60,000/-  along with interest @ 18% per annum from the date of death of the cow i.e. 23.8.2016 till realization and further complainant has claimed compensation and litigation expenses.

 

3.             In reply filed by the OPs, it is admitted that the complainant got insured his cows in question. It is also admitted that after receipt of the intimation and as per postmortem report, cow bearing tag number 52264 had died, but the complainant failed to submit the tag of the cow deceased inspite of repeated letters  It is further averred that there was no alternative, but to disallow the claim due to tag as per the policy condition no tag no claim is payable.  As such, it is stated there is no deficiency in service on the part of the Ops. 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-12 copies of the documents and affidavit and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP-1 to Ex.OP-25 copies of documents and affidavit and closed evidence.

 

5.             We have given a thoughtful consideration to the rival contentions Only the OP has submitted the written arguments.

6.             It is admitted fact between the parties that the complainant got insured his six number cows vide insurance policy number 117024715P115573631 for the insured sum of Rs.60,000/- per cow by paying a total premium of Rs.14015/-. The insurance cover  was   valid   from 14-3-2016 to 13-03-2017. At the time of issuance of the insurance cover, the Ops got all the cows examined through Dr. Ram Kumar, who was the authorized Doctor of OPs and a health certificate was issued by the said Doctor in respect of health of the cows of the complainant as per Ex.C-3.

 

7.            During the subsistence of the policy, one cow of the complainant bearing tag number 52264 died on 23-8-2016 and the intimation in this regard was given by the complainant to the Ops and the post mortem of the cow was performed by Dr.Dev Raj, Sr. Veterinary Officer, PAHS, Moonak on 23-8-2016 itself. Also   Dr. Ram Kumar was appointed by the OPs to visit the house of the complainant, who clicked photographs of the dead cow and also removed the tag from the body of the cow and obtained signature of the complainant on some performa in the presence of Smt. Rani Municipal Councilor, Lehragaga who was present at the time. Certificate in this regard is as Ex-C-7, wherein it has been mentioned that the tag no. of the dead cow was 52264.  The Ops have repudiated the claim of the complainant on the ground that "Ear tag should be surrendered at the time of the claim, otherwise no claim is recoverable under this policy". It is pertinent to mentioned here that though the postmortem of the cow was conducted by Dr. Dev Raj, but the tag in question bearing number 52264 was taken away by Dr. Ram Kumar, the surveyor appointed by the OP, but he did not submit the same alongwith the other documents to the Ops. This fact has been admitted by the Ops in their affidavit dated 13.8.2018, Ex.R-5. Further the OPs could not produce on record any document in support of sending the communications dated 09-09-2016, 17-10-2016 and 02-06-2017 to the complainant for producing the tag for the claim. In view of the submissions made by the Ops, it had been the duty of the OPs to obtain the tag from Dr. Ram Kumar, the surveyor who took away the tag  of the dead cow instead of asking time and again the complainant to submit the tag for making the claim. The complainant cannot be made to suffer on account of the lapses on the part of the Ops. In support of his contention, the learned counsel for the Ops has cited Ethee Services Limited and others versus Indo Swiss Jewels Ltd. and others 1997(2) CLT 400 (NC), but on perusal, we find that this citation is not at all helpful to the case of the Ops.

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 sequel of the above discussion, repudiation made by the Ops is neither legal nor sustainable at law. As such the complaint is allowed and the complainant is entitled to insurance claim to the tune of Rs.60,000/- on account of death of cow bearing tag number 52264, besides this, the complainant is also entitled to compensation to the tune of Rs.5000/- and litigation expenses to the tune of Rs.2000/-. Compliance of this order be made within 45 days on the receipt of the copy of the order, failing which the complainant shall be entitled to receive the awarded amount along with the interest @9% p.a. from the date of the passing of the order till full realization. Copies of the order be sent to the parties free of cost. File be indexed and consigned to records.

                        Pronounced.

                        March 11, 2019.                                        

                                                          (Vinod Kumar Gulati)

                                                             Presiding Member

 

 

 

                                                                (Manisha)

                                                                  Member