- (1.) THE appeal arises from the order dated 8.5.2002 passed in consumer case No. 85 of 2000 by the District Forum Pithoragarh, where -by the claim of complainant Sanjai Kumar was allowed against the appellant for the recovery of Rs. 12,000, along with interest as insurance money of the cow insured with the appellant.
(2.) THE brief facts of the dispute are that the complainant Sanjai Kumar purchased a jercy cow for a sum of Rs 12000 after taking loan from the Bank. It was insured with the appellant for Rs 12,000 A policy was issued with no 22411 valid from 2.3.2000 to 1.3.2001. The purchase was made on 2.3.2000, the cow died on 14.3.2000, admittedly after 12 days within 15 days of the purchase.
(3.) THERE was a definite clause in the terms of the insurance "The company is not liable to pay the claim if death is due to disease occurring within, 15 days from the commencement of the risk. However death due to accident is excluded. Admittedly the cattle died within 15 days due to disease. Admittedly it did not die due to any accident. All the facts of the case are admitted. The forum allowed the complaint, therefore the appeal.;