NEW INDIA ASSURANCE CO LTD Vs. KITAB SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 26.7.2000 passed by the District Forum, Uttarkashi whereby the complaint of the complainant was allowed for a sum of Rs.9,000/- (Rupees nine thousand) as compensation along with interest @ 12% and cost of Rs.500/- (Rupees five hundred ).

(2.) The brief facts of the case are that the complainant after taking loan of Rs.18,000/- (Rupees eighteen thousand) from District Co-operative Bank, O. P. No.1 purchased two mules. Both the mules were insured with the New India Assurance Co. Ltd. O. P. No.2. During the insured period, on 22.1.1998 his one mule died. His tag No. was 680. He was insured for the period 26.8.1997 to 25.8.1998. The complainant informed about the death of his mule to both the opposite parties and completed all the formalities to get the claim but the appellant Insurance Company claim did not pay anything. On 24.11.1998, a notice was sent to the Insurance Company but it did not care to reply the same. Therefore, the complainant filed the complaint before the District Forum.

(3.) We have heard the learned Counsel for the parties and gone through the records. The O. P. No.1 District Co-operative Bank filed written statement and they have no responsibility to pay the claim and alleged that this is the responsibility of the Insurance Company. The appellant, Insurance Company filed its written statement and admitted that the mule was insured for the period from 26.8.1997 to 25.8.2000 but alleged that there was no tag on the ear of the mule. It is also alleged that after receiving the report of the Surveyor, the claim of the complainant was not found justified and, therefore, the claim was rightly repudiated and they have informed the complainant through the bank about repudiation of the claim on 22.10.1998.