NEW INDIA ASSURANCE CO LTD Vs. SHER SINGH

JUDGEMENT

(1.) This is an appeal by the Insurance Company against the judgment and order dated 21.6.2000 passed by the District Forum, Uttarkashi whereby a compensation of Rs.12,000/- with interest and Rs.500/- as cost of litigation was allowed in favour of the complainant Shri Sher Singh.

(2.) The complainant Shri Sher Singh has filed the complaint that in 1997-98 he has purchased two mules at the rate of Rs.12,000/- each taking a loan of Rs.24,000/- from the Bank. The mule was insured and a tag was placed in the ear. It is said that mule with tag No.36413 died due to falling in Nala. Information was given to the Bank and a claim was lodged with the Insurance Company. It was repudiated, hence the complaint was filed.

(3.) The Insurance Company filed a written statement and alleged that there was no tag in the ear of the deceased mule and, therefore, the claimant was not entitled to any compensation. The learned Forum in its judgment held that the Surveyor visited this spot after about one year, therefore, his report is not reliable. On the basis of the affidavit of Shri Sher Singh and Dr. Surender Singh, Forum has allowed the claim. However, the Forum has found that before the inquiry by the doctor, himself, the tag of the cattle was removed by the complainant because anybody could have taken the tag or it could have been eaten by wild animals. It is said that doctor has reported that the tag was there in the ear and the Forum allowed the compensation. Being aggrieved by that order, the present appeal has been filed.