VALLURUPALLI VANAJA Vs. DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD.
LAWS(APCDRC)-2003-8-2
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on August 27,2003

VALLURUPALLI VANAJA Appellant
VERSUS
Divisional Manager, New India Assurance Co.Ltd. Respondents

JUDGEMENT

- (1.) C .D. 37/99 : Mr. Justice P. Ramakrishnam Raju, President ''The complainant is the proprietrix of a poultry farm which contains grower sheds, layer sheds, poultry birds both layers and growers. She insured 12,500 birds under policy bearing No. 4761080000927 on 3.2.1998 till the age of 72 weeks for the birds. The birds are ˜Layers Bovans.
(2.) ACCORDING to the policy conditions, no claim can be made during the waiting period from 3.2.1998 to 17.2.1998 and thereafter the liability of the company is to indemnify the complainant to an extent of 80 per cent of the value of the birds if death occurs during the period of coverage.
(3.) WHILE so the birds were healthy upto 24th week and during 25th week i.e., between 8.3.1998 and 14.3.1998, 480 birds died. The same was informed to the opposite party. Again during the next week i.e., from 15.3.1998 to 21.3.1998, 2717 birds and from 22.3.1998 to 28.3.1998, 497 birds died, on all the occasions due to ˜fowl cholera and the opposite party was informed on all occasions. A surveyor was appointed who inspected the dead birds and submitted his report. Again during the 39th week i.e., from 17.5.1998 to 23.5.1998, 2669 birds died due to sun -stroke. The same was intimated to the opposite party. Surveyor as well as the Divisional Manager of the opposite party inspected the sheds on 19.5.1998. In the 40th weeks i.e., from 24.5.1998 to 30.5.1998, 385 birds died due to sun -stroke and 1322 birds in the 41st week and 1068 birds in the 42nd week for the same reason and accordingly the opposite party was intimated and the surveyor of the opposite party inspected and submitted his report. As the summer during 1998 was very severe and the temperature was between 42 and 49 degrees Centigrade, it resulted in the death of the birds. In all, the complainant lost 9,138 birds, as the claim was not settled, she claims at the rate of Rs. 75 per bird which comes to Rs. 5,48,280/ - to be paid with interest at 24 per cent per annum from 10.6.1998 till payment together with damages of Rs. 1,00,000/ - and costs of Rs. 5,000/ -.;


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