S.C.VYAS,PRESIDENT - (1.) INSURANCE Company has come up in the appeal against order dated 17.4.2008 passed by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called "District Forum" for short) in Complaint Case No. 102/08, whereby the complaint against Insurance Company was allowed and the company was directed to pay Rs. 18,000 along with interest and compensation to the respondent / complainant on account of death of the insured animal.
(2.) IT is not in dispute that complainant / respondent purchased one jarsi cow through bank loan and the same was insured by the appellant. For the purpose of identification, a tag was attached on the ear of the cow. As per case of the complainant that original tag was misplaced and thereafter the veterinary doctor retagged the cow with another tag bearing No. 73082/UII/19600 and issued a certificate to that effect. Intimation in this regard was also sent to the concerning Bank as well as Insurance Company. Later on the animal died on 16.10.2003 on account of some illness. Claim was preferred for sum assured which was repudiated by the Insurance Company on the ground that timely intimation of retagging was not provided to the Insurance Company and the tag which was sent to the Insurance Company was also not found used for retagging the animal, by a laboratory.
(3.) LEARNED District Forum after having considered the material placed before it ultimately passed an award in favour of the complainant. Learned Counsel for the appellant submitted that certificate issued by Vet -Aid -Jabalpur, centre for veterinary consultancy, is available on record, which shows that the tag which was sent for examination, was not found used by Pathologist attached to the laboratory. He submitted that this document proves that the ear tag No. 73082/UII/19600 was never used on the insured animal and it shows that insured animal has not died.;