K E JAMES Vs. UNITED INDIA INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) APPELLANT is the complainant in CC. 136/06 in the file of CDRF, Kottayam The complaint stands dismissed. The case of the complainant is that the elephant by name Aravindakshan purchased by him for a sum of Rs. 4 lakh on 26.5.2003 died on 27.6.2003 due to Acute Cardio Pulmonary failure. The elephant was covered by the policy of opposite party for a sum of Rs. 3 lakh. Post -mortem was done by the Veterinary Surgeon on 28.6.2003. The claim was repudiated. The opposite party has contended that the condition of the policy that the opposite party ought to have been intimated immediately as to the death of the elephant has been violated. Clauses 4 and 6 of the conditions of the policy contains the above stipulation. It is alleged that the elephant was poisoned by the complainant.

(2.) THE evidence adduced consisted of the proof affidavits of the respective sides and Exts.A1 to A6 and B1 to B14.

(3.) THE Forum has upheld the contentions of the opposite parties that policy conditions were violated as the death was intimated only on 30.6.2003 i.e., on the 3rd day after death and that the opposite parties were denied the opportunity to inspect the carcass.