LAWS(CHHCDRC)-2005-1-6

NATIONAL INSURANCE COMPANY LIMITED Vs. RAMHIN BAI

Decided On January 13, 2005
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Ramhin Bai Respondents

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 15.3.2001 in Complaint No. 1/2000 by the Consumer Disputes Redressal Forum, Kanker, (hereinafter called the District Forum for short) directing the appellant/insurer to pay Rs. 8,600/ - with interest thereon.

(2.) THE averments of the complainant stated in brief are that respondent No. 1 had purchased a cow on 20.5.1993 for Rs. 8,600/ - and got it insured with the appellant through respondent No. 2. It was also averred that the said cow died on 3.10.1997. The complainant, therefore, intimated the death of the cow to the appellant/respondent No. 2, but the appellant/insurer did not pay the assured amount, hence the complaint. It was also averred that the cause of action arose on 2.2.2000 as the appellant/respondent No. 2 failed to intimate the complainant about the progress of the case despite his letter dated 2.2.2000.

(3.) THE complaint was resisted by the appellant on the ground that it was barred by limitation. It was averred by the appellant in the above context that the claim of complainant was repudiated by its letter dated 21.2.1997 on the ground No Tag No Claim . It was also averred that tag of the deceased cattle and other relevant documents were never sent to the appellant. It was, therefore, prayed by the appellant that the complaint be dismissed.