GURDEI DEVI Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Admitted facts of this case are that a buffalo was purchased by the appellant with the financial assistance of UCO Bank, at its Badri Nagar Chock Opposite HPSEB, Paonta Sahib Branch at Sirmaur District. This was insured in the sum of Rs. 17,000/ - This buffalo died on 20.5.2003. On this date again admittedly policy where under this animal stood insured was in force.

(2.) On receipt of information regarding death of the buffalo and after following codal formalities, a sum of Rs. 13,000/ - has been paid by the respondent to the financier i.e. UCO Bank vide Annexure OPI. This receipt is also signed by the appellant.

(3.) In this background, Mr. Verma learned counsel for the appellant submitted that plight of his client can be better imagined than explained of the simple reason that animal had died and therefore, she was left with no source to repay the banker, from whom she had raised loan for purchase of the buffalo. Thus in the circumstances of this case according Verma, this appeal deserves to be allowed by holding the respondent liable for payment Rs.4,000/ - besides interest and costs as well as compensation for harassment. All these plea have been controverted by Mr. Thakur on behalf of the respondent. Per him what is argued on behalf of the appellant before us was not the case pleaded, much less set out in the complaint filed before the District Forum below wherein impugned order was passed. He further urged that before asking for interference in this appeal with impugned order foundation had to be laid in the pleadings and then by some evidence to be proved on record.