ANWAL BAI Vs. HADOTI SHETRIYA GRAMMIN BANK

JUDGEMENT

(1.) THIS appeal has been filed by the complainant -appellants against the order dated 5.2.2003 passed by the District Forum, Kota in complaint No. 154/01, by which the complaint of the complainant -appellants was dismissed.

(2.) IT arises in the following circumstances: That the complainant -appellants had filed a complaint against the respondents before the District Forum, Kota on 28.4.2001 inter alia stating that after taking loan for a sum of Rs. 2,1644 from respondent No. 1 bank they had purchased 31 sheep in the year 1997. It was further stated in the complaint that the sheep were got insured by the respondent No. 1 bank with the respondent No. 2 Insurance Company. It was further stated in the complaint that 11 sheep of which tag numbers are mentioned in para No. 5 of the complaint had died on 4.8.2000 and further 12 sheep had died on 18.1.2001 and other sheep had died on 20.1.2001 and 22.1.2001. It was further stated in the complaint that thereafter the claim was preferred by the complainant -appellants through respondent No. 1 bank but respondent No. 1 bank had intimated to the complainant appellants through letter dated 9.1.2001 that the claim had been repudiated by respondent No. 2 Insurance Company and thereafter the present complaint was filed.

(3.) A reply was filed by respondent No. 2 Insurance Company on 26.12.2001 and the case of respondent No. 2 Insurance Company was that so far as the 11 sheep bearing tag Nos. 5270, 5285, 5258, 5209, 5249, 5208, 5281, 5232, 5240, 5295 and 5213 were concerned, they were insured with the respondent No. 2 Insurance Company for a sum of Rs. 8,632. But the claim was found false one as the sheep bearing above tag numbers had not died and thus the claim was rightly repudiated and for rest of the sheep it was stated that they were never got insured by the complainant appellants or by respondent No. 1 bank with the respondent No. 2 Insurance Company.