NEW INDIA ASSURANCE COMPANY LIMITED Vs. NANHURAM

JUDGEMENT

(1.) THIS appeal is directed by the appellant/Insurance Company against the order dated 24.11.2010 of District Consumer Disputes Redressal Forum, Sarguja, Ambikapur (C.G.) (hereinafter called "District Forum" for short) in Complaint Case No. 190/2008, whereby the appellant/Insurance Company, has been directed to pay a sum of Rs. 25,000 to the respondent No. 1/complainant, along with interest @ 6% p.a. from the date of filing of the complaint till date of payment and also to pay Rs. 2,000 as compensation for mental agony and Rs. 1,000 as cost of litigation on account of death of the insured cattle.

(2.) IN nutshell, the facts of the case are that, respondent No. 1/complainant purchased a cattle with the financial assistance of respondent No. 2/Bank and got the same insured with the appellant/Insurance Company. The Insurance Company provided an ear tag for the purpose of identification of the cattle at the time of issuing insurance policy. Later on, the said cattle died and claim was preferred by the complainant/respondent No. 1 before the Insurance Company for the sum assured, which was repudiated by the Insurance Company on the basis of Report of Dr. R.K. Tiwari, Investigator appointed by the Insurance Company, who expressed opinion that the tag, which was sent along with claim application, was not used in the ear of the cattle during its lifetime. On the basis of this report, the claim was repudiated by the Insurance Company on the ground that insured cattle had not died.

(3.) LEARNED District Forum, had not agreed with the Report of the Investigator, appointed by the Insurance Company and on the basis of material available on record, came to the conclusion the insured cattle died and, therefore, passed award in favour of the respondent No.1/complainant, which is under challenge in this appeal.