NATIONAL INSURANCE COMPANY LIMITED Vs. AMOLAK DASS

JUDGEMENT

(1.) AMOLAK Dass, respondent No. 1 took loan from Sangrur Central Co -operative Limited Bank, Gehlan Branch, respondent No. 2 and purchased buffaloes. He got insured the said buffaloes from the appellants -Insurance Company. One of the insured buffaloes died on 22.12.2000. He lodged the claim with the appellants. The appellants repudiated the claim on 11.6.2001. Hence, he filed a complaint in the learned District Forum, Sangrur.

(2.) THE appellants filed the written reply. Preliminary objections were pleaded and the case was also contested on merits. It was admitted that two buffaloes of respondent No. 1 were insured by them with tag No. 29401 and 29402. The plea taken by the appellants was that the information about the death was not given in time and the identification of the buffalo which had died was different from the identification from the buffalo which was insured. The tag was not returned with the claim papers. The terms and conditions of the policy have been violated. The claim has been lodged with fraudulent intention.

(3.) THE parties tendered some documents in evidence.