NATIONAL INSURANCE CO LTD Vs. HARBANS SINGH

JUDGEMENT

(1.) The revision petitioner is National Insurance Co. Ltd. who is aggrieved by the order of the State Commission dated 23.8.2002 in Appeal No. 607 wherein the complainant/present respondent Mr. Harbans Singh's complaint which was allowed by the District Forum was further modified in the appeal by the revision petitioner. Aggrieved by the said order, the revision petition is filed here.

(2.) Brief facts of the case are as follows : The respondent Shri Harbans Singh insured his horse for Rs. 2,50,000/- for the period 31.10.1997 to 30.10.1998 by taking a policy from the revision petitioners. The horse unfortunately died on 16.10.1998. The Insurance Company repudiated the claim on the ground that the complainant was liable to get the dead body of the horse physically verified before burying the same which he failed to do and that intimation about the death of the horse was given only five days after the event.

(3.) The District Forum partly allowed the complaint and ordered payment of Rs. 2,00,000/- with 18% interest and awarded cost of Rs. 2,000/-. The appeal preferred by the Insurance Company was dismissed by the State Commission with modification of reducing the rate of interest to 9%. The Insurance Company is in revision before us.