PREM SINGH Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Vide this order three Appeal Nos.562, 563 and 564 of 1996 are being disposed of as the facts in all these three cases are common with the difference about the total amount claimed on account of loss of different number of cattle heads lost in the flood. The complaints were dismissed on July 7,1996 by District Forum, Amritsar by passing different orders.

(2.) In the complaint of Prem Singh-complainant, compensation was claimed for the loss of 2 buffaloes, in the case of Lakhbir Singh claim was lodged for the loss suffered on account of 3 buffaloes having been washed away and in the complaint of Sampuran Singh compensation was claimed for the loss of 3 buffaloes. Different amounts were also claimed as damages, which were named. In the case of Prem Singh it is Rs.15.000/-. Interest was also claimed. All these three complainants belong to Village Chamiari Tehsil Ajnala, District Amritsar. They had purchased buffaloes after taking loan from the Ajnala Primary Co-op. Agricultural Development Bank Ltd. , Ajnala. Such buffaloes were got insured with the Oriental Insurance Company, Amritsar Branch opposite party No.1. The Bank was pleaded as opposite party No.2.

(3.) As per allegations made in the complaints/on account of floods buffaloes of the complainants were washed away on September 7, 1995. The complainants lodged claims with the Insurance Company, which were repudiated, that they were forced to approach the District Forum. The Insurance Company contested the complaints inter alia asserting that the claims had been repudiated on the reports of the Surveyor who had collected material. It may be observed that such material indicated loss of cattle heads by the complainants on account of floods coming on 21 Bhadra i. e. , 31st August, 1995. The District Forum dismissed the complaints as stated above and the complainants are in appeals. After going through the records of the case, we are of the opinion that the appeals deserve to be allowed.