NEW INDIA ASSURANCE CO LTD Vs. VIJENDRA LAL

JUDGEMENT

(1.) This is an appeal against the order dated 13.5.2002 passed by the District Forum, Uttarkashi whereby the complaint of the complainant was allowed for recovery of Rs.20,000/- (Rupees twenty thousand), the insured amount along with interest @ 9% and cost of Rs.500/- (Rupees five hundred) was also allowed.

(2.) The brief facts of the case are that the complainant filed a complaint with the allegations that he had taken loan of Rs.40,000/- (Rupees forty thousand) from State Bank of India, opposite party No.1 for purchase of two mules. He purchased the mules and each mule was insured for Rs.20,000/- (Rupees twenty thousand ). Tag numbers were separately given to each of them. One mule bearing tag No. NIA-98/321902/4302 died on 1.9.2000. Information was given to the Insurance Company. The doctor has also done examination of the dead body. After completing the formalities, the claim was lodged with the Insurance Company but the Insurance Company repudiated the claim on 30.11.2000 on the ground that there was difference of colour in the mule insured and the dead mule.

(3.) The bank in its written statement has specifically admitted that it has sent the claim form along with the tag and report of the doctor on 22.11.2000 to the Insurance Company.