OMPRAKASH MAHAVAR Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 5.8.2002 in Complaint No.165/2001 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the 'district Forum' for short) dismissing the complaint of the appellant.

(2.) The averments of the complainant stated in brief are that he had insured 10 of his cows with the respondent No.1 insurer through respondent No.2, Bank. The insurance covered the risk from 30.10.2002 to 29.10.2001, and a consolidated Policy No.457851 was issued in favour of the complainant/appellant. It was further averred by the complainant that one of the insured cows bearing tag No.19156 died on 26.4.2001. The intimation of the death of cow was given by the complainant to the respondent No.1 on 27.4.2001 and he had also submitted the claim form with necessary documents. The claim was however, repudiated by the respondent No.1/insurer by its letter dated 27.7.2001. Aggrieved by the repudiation as above, the complainant approached the District Forum and filed the complaint.

(3.) The complaint was resisted by the respondent No.1. The main averments of the respondent No.1 was that investigation was conducted by Dr. T. J. R. Naidu, Veterinary Assistant Surgeon. It was reported by Dr. Naidu that the complainant had sold his cattle before the alleged date of death of the cow on 26.4.2001. Thus as the complainant had suppressed the material fact of sale of the insured cow, he had breached the terms of the policy, and was, therefore, not entitled to any benefits thereunder.