NANHE SINGH Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 7.6.2003 passed by District Consumer Forum, Shahjahanpur in Complaint Case No.227/2001.

(2.) Mr. R. K. Gupta, learned Counsel for the appellant has argued vehemently three points. First, the District Forum has mentioned wrong date of the post mortem of the she-buffaloes in the judgment. Second, the conclusion that the letter dated 8.6.2001 was forged, is incorrect. Third, the actual post mortem examination had taken place and the ear tags were submitted and, therefore, the complaint should have been decreed. None of the three points are borne out from the discussion as exists in the judgment impugned.

(3.) The date of the post-mortem 20.1.2001 for one she-buffalo and 10.2.2001 for the other she-buffalo is mentioned in a document admittedly prepared on 29.3.2001. This document is said to have been signed by Doctor who performed the post mortem examination but the original post-mortem report was neither produced nor filed nor got summoned by the complainant during the trial. The conclusion, therefore, that post-mortem report was not in existence is fully justified. Similarly, the ear tags which were always attached with the carcass at the time of post-mortem report were obviously not taken out at that time because there was no post-mortem examination and the original ear tags were not forwarded to the Insurance Company or to the Bank. Therefore, the conclusion that the ear tags were not sent is corroborated from the evidence on the record. The conclusion for that reason that the allegation of the complainant, that both the she-buffaloes had died, was a total concoction, is fully justified.