NEW INDIA ASSURANCE COMPANY LIMITED Vs. FANRU

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 27.8.2003 passed by the District Forum, Tehri, Garhwal whereby the complaint of the complainant was allowed for recovery of insured amount of Rs. 25,000/ - (Rupees twenty -five thousand) along with cost of litigation of Rs. 500/ - (Rupees five hundred).

(2.) THE brief facts of the case are that the complainant purchased one mule after taking loan from Ganga Yamuna Gramin Bank, Thati. The mule was insured for Rs 25,000/ - (Rupees twenty -five thousand) with the Insurance Company. The mule was having tag No. 98/321907/733. On 1.2.2002, the mule died due to an accident. The complainant informed the Insurance Company about the death of the mule through the Bank. But the Insurance Company neither sent him the claim form, nor paid the insured amount and repudiated his claim. Therefore, he filed the complaint before the District Forum claiming the insured amount of Rs. 25,000/ - (Rupees twenty -five thousand) along with 12% interest and cost of litigation of Rs. 2,000/ - (Rupees two thousand) and also compensation for mental pain and agony of Rs. 10,000/ - (Rupees ten thousand).

(3.) THE opposite party filed written statement and alleged that the Bank through its letter dated 31.5.2002, only sent claim form, Panchnama and tag but did not send the post -mortem report of the mule. The full details of the insurance have also not been given. Therefore the complainant is not entitled to any compensation.