PATEL RAMABHAI SHANKERDAS Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellant is the original complainant who has taken insurance for his buffalo for Rs.5,000/- from the opponent. The buffalo died during the pendency of the policy and, therefore, the complainant claimed an amount of Rs.5,000/- from the Insurance Company - respondent herein. He filed a complaint No.31/90. It appears that the District Forum passed an order in favour of the complainant directing the Insurance Company to make the payment of Rs.5,000/-.

(2.) The complainant cannot receive the amount and, therefore, filed the complaint No.154/91 from which this appeal has been filed. In the said complaint the opposite party filed a written statement (Ex.5) and contented that the company had paid Rs.5,000/- by cheque No.32531 dated 25.9.91 which was sent by registered post to the complainant which has been received by the complainant and the cheque was deposited in the Central Co. op. Bank, Karannagar, Kadi and the amount has been cleared by the Central Bank of India, Kalol and debited to the account of the Insurance Company. Therefore without going into further merits the District Forum observed that inspite of the receipt of the amount, the complainant has filed the complaint to malign the Insurance Company and it is therefore required to be dismissed.

(3.) The Insurance Company has also produced the postal receipt which is purported to have been signed by Patel Rama Shankardas. The District Forum therefore dismissed the complaint and directed the complainant to pay Rs.200/- as cost.