Sh. M.K. Kohli, Advocate is present on behalf of the appellants.

Heard learned counsel for the appellants on delay condonation application.

This is delay condonation application filed by the appellants to condone the delay in filing the appeal.  The delay in filing the appeal has been explained by the appellants in the accompanying affidavit to the delay condonation application.

We are satisfied with the explanation given by the appellants for delay in filing the appeal.  Therefore, the delay condonation application is allowed and the delay of 29 days’ in filing the appeal is condoned.

Heard learned counsel for the appellants finally at the admission stage itself.

The present appeal, under Section 15 of the Consumer Protection Act, 1986, has been preferred by the appellants – insurance company against the order dated 22.10.2018 passed by the District Forum, Udham Singh Nagar in consumer complaint No. 27 of 2018.  By the order impugned, the District Forum has allowed the consumer complaint and directed the appellants – opposite parties to pay the insured sum of Rs. 70,000/- to the respondent – complainant together with interest @7% p.a. from the date of filing of the consumer complaint till payment;  Rs. 10,000/- towards mental agony and        Rs. 5,000/- towards litigation expenses.  It was further directed that the amount of interest; mental agony and litigation expenses, be recovered by the insurance company from the salary of the official concerned, who has repudiated the claim in question.

The brief facts, relevant for the disposal of the present appeal, are that the respondent – complainant has got his cow insured with the appellant No. 2 under Livestock (Cattle) Insurance for sum of Rs. 70,000/- for the period form 20.07.2017 to 19.07.2020, on payment of requisite premium.  The insured cow was allotted tag bearing    No. ULDB/150001/311453 for the purposes of identification.  During the validity of the insurance policy, the insured cow died on 07.08.2017 at 8:00 a.m., intimation whereof was duly given by the complainant to the insurance company and required formalities were completed.  The insurance company, however, repudiation the claim per their letter dated 23.01.2018, on the ground that on investigation, it was found that the complainant did not provide an opportunity to the investigator to physically examine the dead animal, nor the investigator was shown the place where the dead animal had been buried.  Thus, the consumer complaint was instituted.

The District Forum, on the basis of the material on record, allowed the consumer complaint vide impugned order dated 22.10.2018, in the above terms.

Learned counsel appearing on behalf of the appellants – insurance company confined his prayer to the extent that the observation made by the District Forum in regard to recovering the amount of interest; mental agony and litigation expenses, shall be recovered by the insurance company from the salary of the official concerned, who has repudiated the claim in question, be expunged.  It was further contended that the amount of compensation awarded by the District Forum per impugned order, has already been deposited by the appellants with the District Forum on 19.12.2018 and the appellants have not challenged the award so passed by the District Forum.

The prayer made by the learned counsel for the appellants is innocuous one and deserves to be allowed.

Accordingly, order impugned dated 22.10.2018 passed by the District Forum is modified to the extent that the direction issued by the District Forum to the appellants – insurance company to recover the amount of interest; mental agony and litigation expenses, from the salary of the erring official, is hereby expunged / set aside.  The liability to pay the award amount shall be that of the appellants – insurance company, which they have already discharged by depositing the award amount before the District Forum. 

In view of above, appeal stands disposed of finally at the admission stage without issuing notice to the respondent, since the rights of respondent are not going to be affected by this order.