VALLARUPALLI VANAJA Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THESE are a set of three Appeals; two Appeals F.A. 778 and 780 are filed by Vanaja and F.A. No. 779 of 2003 is filed by N. Viswanadham, father of Vanaja as their complaints in CD 37/ 99, 38/99 and 39/99 were dismissed by the State Commission by a common order dated 27.8.2003. The facts are similar in all cases and hence these are being disposed of by a common order. Both Vanaja and Viswanadham run poulty business. Young chicks are purchased from other parties and they are grown into matured birds by the appellants and then sold in the market The young chicks pass through various stages during their growth known as brooders, growers and layers and are shifted in the farm to different sheds respectively known as brooder sheds (young chicks are kept till they reach the age of 8 weeks ), Grower sheds (where birds are kept from 8 weeks age to 22 weeks age) and layer sheds (where they remain till they reach 72 weeks of age).

(2.) INSURANCE policies are taken from the respondent Company, New India Assurance Co. Ltd. to cover the risk of death of these birds during the period of their breeding. According to the terms of the policy, no claim is permitted within the first 15 days from the commencement of the policy. Liability of the Insurance Company for the subsequent period is also limited to 80% of the cost of the dead birds. There is no dispute between the parties about these conditions. The dispute is only about the liability of the Insurance Company for the death of the birds which occurred after the first 15 days.

(3.) IN the matter covered by F.A. No. 779, the appellant Shri N. Viswanadham is the father of Smt. Vanaja. He claims that he purchased 10156 birds of 24 weeks old age of which in all 6764 birds died during the 3VA, 32nd and 33rd weeks due to cholera and in the 41st, 42nd, 43rd and 47th week due to sunstroke.