By Smt. Saji Mathew, Member:
The gist of the case is as follows.
The Complainant has bought two cows for Rs. 25,000/- financed by Wayanad Survaseva Mandalam. As per the direction of the Manager, Survaseva Mandalam the complainant has insured the cows with National Insurance Company. One of the cows died due to disease. The cow was treated by the Dr. Abdul Karim, Veterinary Surgeon, Meenangadi. The death was informed to the Opposite Party and post-mortem was conducted. The claim was preferred with all documents. But the Opposite Party refused to pay. The Complainant has spent about Rs.5,000/- for insuring the cow and for the treatment. These cows were the only means for living of the Complainant's family. So the complainant prays for an order remedying her grievances and loss. 2.The Opposite Party has filed version and stated that the Complainant had violated policy conditions 4,5,6,7 and 8 and hence that Opposite party has no liability to pay the insurance amount. As per the version no notice was given to the Opposite party regarding the illness of the cow and no proper treatment was given to the cow. Death of the cow was not informed in time. The opposite parties also allege that the doctor's certificate is fabricated. So the Opposite Party prays for an order dismissing the complaint. The Complainant was examined as PW1 and documents were marked as Ext. A1 to A10. Opposite party's witness was examined as OPW1 and document was marked as Ext.B1.
4. The matters to be considered are :- Whether there is any deficiency in service on the part of the Opposite parties? Whether the Complainant is entitled for any relief ?
5. Point No.1 The Opposite party's main allegation is that the Complainant had not complied with the conditions of policy. On perusing the Ext.A2 the policy, only 2 conditions are stated in it. One is that the ear tag should be surrendered. The other conditions is that 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 this case, the Opposite party has no allegation regarding these two conditions. Instead they have produced another set of conditions marked as Ext. B2(a). Ext.B2(a) shows that these conditions belong to another policy.
6. Even though OPW1 affirms that the conditions are similar in all cattle insurance policies, there is no evidence to show that these conditions are put to the notice and consent of the complainant. 7.Another allegation of Opposite Party is that the certificate issued by the doctor is fabricated and not correct. They also allege that no proper treatment is given to the cow. The doctor was examined as OPW1 and OPW1 affirms that he has treated the cow from 6.10.2006 to 10.10.2006 by visiting the Complainant's house. From 11.10.2006 to 21.10.2006 he prescribed medicine for the cow as per the information given by the Complainant. So there is no base in the allegation that the certificate Ext.B1, in fabricated and false. Here in this case, it is also noted that the claim is not repudiated. The Opposite party is just raising objection in allowing the claim and delaying the settlement of claim. This is deficiency in service on the part of the Opposite parties and Point No.1 is found in favour of Complainant.
8. Point No.2 As per the policy Ext.B2,the insured amount is Rs. 10,000/-. The doctor's valuation of the cow also is at Rs.10,000/- (Ext.A8). The Complainant is found to be entitled to get this amount of Rs. 10,000/-. Hence the Opposite party is directed to pay Rs. 10,000/- on the insurance claim to the Complainant within one month from the receipt of this order. The Opposite party is also directed to pay interest at the rate of 10% on the ordered amount from the date of complaint till payment. Pronounced in Open Forum on this the 30th day of March 2009. PRESIDENT : Sd/- MEMBER I : Sd/- MEMBER II : Sd/-
A P P E N D I X Witnesses for the Complainant : PW1. P.K. Kamalakshi. Complainant Witnesses for the Opposite Party : OPW1. Dr. M.Abdulkareem Veterinary Surgeon. OPW2. K.V. Philip Senior Assistant, United India Insurance Company.
Exhibits for the Complainant :
A1. Pass book A2. Letter dt. 7.11.2006 A3. Certificate A4. Cash bill dt.6.10.2006 A5. Letter dt. 8.11.2006 A6. Doctor's Prescription dt.6.10.2006 A7. Claim Form A8. Description of animal A9. Postmortem certificate A10. Valuation certificate
Exhibits for the Opposite Party :
B1. Certificate
B2. Policy Schedule dt. 27.12.2005
B2(a) Policy condition
B2(b) Policy conditions
B3 letter dt.8.11.2006
B4 cattle insurance claim dt.7.11.2006
B5(2 numbers) photos
......................K GHEEVARGHESE
......................P Raveendran
......................SAJI MATHEW | | 
