NATIONAL INSURANCE COMPANY LIMITED Vs. PRITAM SINGH

JUDGEMENT

(1.) PRITAM Singh, respondent No. 1 was a resident of village Kamagar. By obtaining loan from Punjab Agricultural Development Bank, respondent No. 2, he had purchased 10 cows for running the business of dairy farm. These cows were insured with the Oriental Insurance Company Limited, respondent No. 3 through respondent No. 2. The insurance cover was valid for the period from 28. 4. 2000 to 27. 4. 2001. On 6. 8. 2000 due to some poisoning, 3 cows bearing ear tag Nos. 36677, 36678 and 36679 died between 11 p. m. to 12 p. m. in the night. On the next morning, respondent No. 1 informed the appellants and respondent Nos. 2 and 3 about the death of these cows. Respondent No. 3, Insurance Company, conducted the spot inspection through their Surveyor, Pawan Kumar, and the death of these cows was verified vide report dated 7. 8. 2000. Post-mortem of all the three dead cows was conducted by Dr. Manjit Singh, Veterinary Officer of Governemnt Pig Breading Farm, Malwal on 7. 8. 2000. He also submitted the report. Pawan Kumar, Surveyor vide his report dated 13. 8. 2000 reported that the dead cows were the same which were insured. Photocopies of dead cows were also taken. Statements of respectable of the village were also recorded. Respondent No. 2 reported the matter to the appellants. The appellants deputed Dr. G. S. Sachar, Senior Veterinary Surgeon for investigation who submitted his report dated 11. 9. 2000. The claim for one cow was allowed by the appellants but the claim of two cows was repudiated. Hence respondent No. 1 filed a complaint in the learned District Consumer Disputes Redressal Forum, Ferozpur (in short 'the District Forum') for insurance amount of remaining two cows, compensation and costs.

(2.) RESPONDENT No. 2 had filed the written reply. Preliminary objections were pleaded and the case was also contested on merits. It was admitted that Pritam Singh, respondent No. 1 had taken the loan but complaint against respondent No. 2 was not maintainable. It was also admitted that respondent No. 1 had informed respondent No. 2 about the death of cows. It was also pleaded that respondent No. 1 had already received the claim of Rs. 72,000 for the death of 4 cows earlier. It was pleaded that the claim for one cow was passed by the appellants while the claim for other two cows was repudiated. Hence it was pleaded that the complaint qua respondent No. 2 be dismissed.

(3.) ORIENTAL Insurance Company Ltd. , respondent No. 3 also filed the written reply. It was submitted that respondent No. 1 has suppressed the material facts and complicated questions of facts and law were involved in this case and the matter be referred to the Civil Court. It was admitted that the answering respondent had deputed the Surveyor who had submitted his report. It was further submitted that the answering respondent was not the insurer of any of these cows. Hence dismissal of the complaint with special costs was prayed.