NATIONAL INSURANCE COMPANY LIMITED Vs. ROOP DAS

JUDGEMENT

(1.) It is an appeal against the order dated 30.12.2002 of the District Consumer Disputes Redressal Forum, Sangrur (hereinafter called the District Forum ).

(2.) One out of three buffaloes of the respondent-complainants (hereinafter called the complainants) was insured with the appellant No.2 (hereinafter called the O. P. before the District Forum ). One buffalo died on 30.10.2001. The complainants' claim in this connection was not settled. On these allegations the complainants pleaded deficiency in service and sought direction against the O. P. to pay a sum of Rs.25,000/- on account of insurance claim, Rs.10,000/- for mental agony and suffering and Rs.5,000/- as litigation expenses.

(3.) The O. P. pleaded that three buffaloes of the claimants were insured with him from 7.3.2001 to 6.3.2002 for a total amount of Rs.38,250/-. On receipt of the information through the complainant's Bank about death of one buffalo, investigation was made. It was found that the particulars of the insured buffalo did not tally with the post-mortem report and the claim note showing that the buffalo which died was other than the insured one. Besides, tag was not found intact. Since the particulars of the insured buffalo were different from the one stated to have died, the claim of the complainant was repudiated and letter dated 4.1.2002 to that effect was sent to him. According to the O. P. there was no deficiency in service.