NATIONAL INSURANCE COMPANY LIMITED Vs. SATHIYAMMA

JUDGEMENT

(1.) THE appellant is the 2nd opposite party/Insurance Company in CC.143/07 in the file of CDRF, Alleppey.The appellants are under orders to pay a sum of Rs. 15,000 with interest at 9% from the date of claim and also to pay Rs.2000 as costs.

(2.) THE case of the complainant is that the cow purchased by her for Rs. 17,500 and insured with the opposite parties for Rs. 15,000 got afflicted with illness that made the cow unable to conceive. The claim submitted was repudiated and complainant has sought for claim amount of Rs. 15,000 and interest.

(3.) THE opposite parties have filed version admitting that the cow was insured as per Gosuraksha Cattle Insurance Policy fpr the period from 8.9.2006 to 7.9.2009. The claim has been submitted on 27.3.2007 on the ground that the cow became permanently disabled by endometritis and it is not in a position to conceive. It is contended that the illness was pre -existing i.e. from the period 7.11.2005. It is seen that insemination was done on 2.7.2006, 30.7.2006, 22.12.2006 and on 24.2.2007. It is alleged that the complainant has submitted incorrect facts and obtained the policy. Expert opinion obtained by the opposite party also indicated that the illness is a pre -existing one.