- (1.) THIS appeal has been filed by the New India Assurance Co. Ltd. against the judgment and order dated 20.11.2000 passed by the District Forum, Uttarkashi in Complaint Case No.1 07 of 1999 (Bhagwan Dos v. New India Assurance Co. Ltd.).
(2.) THE facts of the case are that in 1996, the complainant Shri Bhagwan Das took a loan of Rs. 21,000/ - for the purchase of two mules. The mules were insured with the appellant, the insurance was for three years. On 20.1.1999 one mule died. Information was given to the bank and the Insurance Company and the veterinary doctor. On 26.1.1999, the doctor came on the spot and did the postmortem. After the postmortem, the claimant filled a claim for a sum of Rs. 10,500/ - before the Insurance Company, which repudiated the claim, thereafter the claim petition was filed before the District Forum.
(3.) IN the written statement, the Insurance Company took the plea that the identity of the mule was not established. The mule which died was purchased in 1998, whereas the mule which was insured was purchased in 1996. The complaint had come with the false case. After hearing the parties, the learned Forum allowed the claim for recovery of Rs. 10,500/ - alongwith the interest at the rate of 12% pr annum.;