By G. Yadunadhan, President:

            The case of the complainant is that he had taken a livestock (cattle) Insurance policy from the opposite party for a cow.  Unfortunately, the cow died on 24.6.2007 and after the death of the cow the ear tag was lost.  For this, opposite party repudiated the claim.  The complainant assures that the cow’s ear tag number is 38515.  That tag was irrecoverably lost and due to the non-production of the tag, opposite party repudiated the claim.  Hence this complaint.

            Opposite party filed version contending that the complaint is not maintainable.  Opposite party is not in a position to consider the claim application without proper tag.  No dispute regarding the death of the cow.  But the dispute is only regarding the tag, which is the identification mark.  Opposite party had repudiated the claim as per the policy condition, “no tag, no claim” as mentioned in the policy schedule. Hence the opposite party prays to dismiss the petition with cost.

            The only point for consideration is whether the complainant is entitled to get any relief from the opposite party?

            PW1 was examined and Exts. A1 to A3 were marked on the complainant’s side.  No oral evidence adduced by the opposite party.  Ext.B1 was marked on the opposite party’s side.

            According to the complainant, he had insured his cow with the opposite party for a period from 28.3.2005 to 27.3.2008.  The cow died on 24.6.2007, which is within the policy period.  The complainant approached the opposite party to claim the insured amount.  The opposite party repudiated the claim stating the reason that there was no ear tag on the cow after death.  According to the complainant, died cow is the same cow for which the complainant had taken livestock policy with the opposite party.  As per Ext.A1, opposite party states that as per the clause conditions under the policy “no tag, no claim”.  Therefore, they are unable to settle the claim.  Opposite party admitted the policy and also admitted the death of the cow.  Complainant has taken the full responsibility, if anybody else claims for the same number.  Therefore, we are of the opinion that the case of the complainant is genuine and complainant is entitled to get relief from the opposite party.

            In the result petition is allowed and the opposite party is directed to pay an amount of Rs.10,000/- (Rupees ten thousand only), the claim amount to the complainant and a cost of Rs.250/- (Two hundred and fifty only).

            Pronounced in open Court this the 2^nd day of December 2008.

                                    Sd/-President                                              Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1            Photocopy of certificate of insurance – Kamadhenu insurance scheme.

A2            Photocopy of the certificate issued by the Ward member, Kodiyathur Grama

            Panchayat.

A3        Postal acknowledgement card.

Documents exhibited for the opposite party:

B1            Photocopy of the certificate of insurance – Kamadhenu insurance scheme.

Witness examined for the complainant:

PW1            Muhammed, S/o. Ahamed Kutty Muslir – complainant.

Witness examined for the opposite party:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.