ORIENTAL INSURANCE COMPANY LTD Vs. RAM SURAT

JUDGEMENT

(1.) -THIS is an appeal against judgment and order dated 19. 1. 2001 passed by the District Forum, Sultanpur in Complaint Case No. 229/1996.

(2.) HEARD Mr. Vineet Srivastava, Advocate, learned Counsel for the appellant and Mr. Vijay Pratap Singh Chauhan, Advocate learned Counsel for the respondent and perused the order.

(3.) ONE and the only argument which survives for the judicious consideration in the present case is whether the complainant can be awarded compensation on the ground of death of she buffalow even without a tag. Hon'ble Supreme Court of India has made it crystal clear that claim on account of the death of she buffalow is proved through the tag number, in other words to say 'no tag no claim' is a rule of law. In the instant case, on 19. 11. 1994 the insurance of the she buffalow was admittedly done by the appellant and its tag number was 15944/iic 224500 and the same was tagged with the ear of the she buffalow. A she buffalow died at about 4 p. m. on 21. 3. 1996. The animal was subjected to the post-mortem for ascertaining the cause of death. The Veterinary Doctor while conducting the post-mortem found that there was no attachment of the tag with the ear of the she buffalow and made endorsement thereof in the post-mortem report. Obviously the identity of the said animal cannot be fixed to that of insured she buffalow of the complainant, in the absence of tag.