BONGU CHINNAMMADU Vs. ORIENTAL INSURANCE CO., LTD

JUDGEMENT

(1.) The complainant is the appellant. The appeal is challenge to the order of the District Forum, Srikakulam in C.D.No.72 of 2006.

(2.) Briefly stated the facts of the case are that the respondent no.2 has sanctioned a loan of Rs.10,000/- to the complainant who is a member of Sri Rama Women Self Help Groups Paddajonnavalasa Village of Amadalavalasa for purchase of jersey cow worth Rs.10,000/-. The respondent no.2 insured the cow and the other members cattle by paying the premium covering the insurance period from 4.2.2003 to 3.2.2006. Thereafter, the cow died on 17.2.2003 due to Acuto-tympany disease. The appellant informed the same to the respondent no.1 and lodged claim through the respondent no.2. The respondent no.1 having received the claim form failed to arrange payment in spite of legal notice got issued by the appellant. Hence the appellant filed the complaint and sought direction to the respondents to pay Rs.10,000/- towards the sum assured together with interest, compensation and costs.

(3.) Respondent no.1 resisted the claim contending that as per their enquiries the animal was alive and not died due to any disease. The respondent no.2 did not mention the number of ear-tag of the deceased animal in any of the records. The ear-tag of the animal is very important item required to settle the claim. In the absence of ear-tag the appellant is not entitled to the insured amount. The claim of the appellant is barred by limitation.