UNITED INDIA INSURANCE CO. LTD. Vs. RAJINDER KUMAR

JUDGEMENT

(1.) RAJINDER Kumar respondent No. 1 took dairy farming loan to the tune of Rs. 85,000 from Indian Overseas Bank respondent No. 2 on 7.7.2000 and he purchased three buffaloes at the rate of Rs. 25,000 each. He got insured all the three buffaloes with the appellants. One of these buffaloes suddenly fell ill and after seven days of illness died on 24.12.2000 at about 3.30 p.m. The post -mortem was conducted by the veterinary doctor Ajoli on the same day. Information was given in writing to respondent No. 2 and on the asking of respondent No. 2 information was also given to the appellants on the same day. Information was also given to the appellants at its Nangal Branch, Tehsil Anandpur Sahib. On 16.11.2000 another buffalo of respondent No. l suffered fracture and it was not in a position to move and was unfit to give milk. This information was also given by respondent No. 1 to the appellants and to respondent No. 2. The claim was lodged with the appellants but the same was repudiated. Hence Rajinder Kumar respondent No. l filed complaint in the learned District Consumer Disputes Redressal Forum, Ropar (in short "District Forum") for compensation to the tune of Rs. 50,000 with interest and costs.

(2.) RESPONDENT No. 2 filed the written statement. Preliminary objections were pleaded and the case was also contested on merits. It was admitted that respondent No. 1 had taken a loan from respondent No. 2 for the purchase of buffaloes. It was also admitted that a notice was received by respondent No. 2 from respondent No. 1 about the death of one buffalo and his application was forwarded to the appellant Insurance Company.

(3.) THE appellants also filed written statement. Preliminary objections were pleaded and the case was also contested on merits. The main plea was that respondent No. 1 had not given information to the appellant Insurance Company immediately after the death of the buffalo and no opportunity was afforded to the appellants to inspect the carcass of the buffalo. It was violative of Clause 7 of the insurance policy. The buffalo died on 24.12.2000 but information was received in the office of the appellant Insurance Company on 9.1.2001. Shri B.D. Bali independent investigator was appointed who opined in his report dated 17.1.2001 that the buffalo which had died was not insured and the claim was fake. Hence dismissal of the complaint was prayed.