ORIENTAL INSURANCE COMPANY LIMITED Vs. NEERJA RANI SHARMA

JUDGEMENT

(1.) THIS is an appeal against the order dated 19th October, 2004 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant was allowed and the appellant was directed to pay a sum of Rs. 28,000/ - to the complainant along with interest @ 9% and cost of litigation of Rs. 1,000/ -.

(2.) THE brief facts of the case are that the complainant had purchased two buffaloes after taking loan from the opposite party No. 3. Punjab and Sind Bank, which were insured by the opposite party No. 1 through opposite party No. 3. The insurance of buffaloes was always done through opposite party No. 3. The policy was never supplied to the complainant by the opposite party Nos. 1, 2 and 3. when the milk of the buffaloes became less, the complainant sent the buffaloes to her relative at village Nagla Urai, where both the buffaloes died on 14th and 15th September, 2002 respectively. Information was given to the opposite party No. 3 about the death of the buffaloes, on which the opposite party No. 4 conducted the post -mortem and submitted his report to the office. After repeated requests the claim amount was not paid to her, therefore, she filed the complaint before the learned Forum.

(3.) THE opposite party No. 4, doctor filed his written statement and admitted the sending of the buffaloes by the complainant to village Nagla Urai and also admitted the death of the buffaloes on 14th and 15th September, 2002. The receipt of information about the death of buffaloes is also admitted. It is alleged that he conducted the post -mortem of both the buffaloes at Village Nagla Urai. It is further alleged that the tags were not affixed on the ear of the buffaloes but they were with the complainant.