LISSY JOHNSON Vs. BRANCH MANAGER, UNITED INDIA INSURANCE CO.

JUDGEMENT

(1.) THE complainant in OP. 184/02 of CDRF, Wayanad has come up in this appeal against the order dated 6th February 2004 whereby the complaint was dismissed.

(2.) THE case of the complainant is that she had insured her cow under Cattle Insurance Scheme as per policy No. 101/601/47/02/00464 dated 17.7.02 for the period from 17.7.02 to 16.7.03. The value of the cow was fixed at Rs. 14500/ -. It is averred that the cow had no disease at the time of taking the insurance. It was also submitted before the Forum that the cow was under the care and protection of the complainant. Unfortunately it was seen sick on 24.7.02 and inspite of treatment by Veterinary Surgeon the cow died on 14.8.02. It is her grievance that even though she had lodged the claim with relevant records for treatment and postmortem certificate, the opposite party denied her claim and hence the complaint was filed praying for directions to pay Rs. 14500/ - being the insured amount and other reliefs.

(3.) THE opposite party in his version contended before the Forum below that as per the policy conditions, the opposite party was not liable to pay the claim to the complaint as the death of the insured animal due to illness had occurred within 15 days from the commencement of the risk. It is the case of the opposite party that the cow was seen ill on 23.7.02 and that the cow died thereafter which is within 15 days. The claim could not be considered since the cause of death was the disease which the cow had contracted within 15 days from the date of insurance. It was also contended before the Forum that the complainant had not provided sufficient and proper food and care to the ailing cow and hence there was no deficiency on the part of the opposite party in repudiating the claim and as such it was prayed that complaint was to be dismissed.