ORIENTAL INSURANCE CO LTD Vs. ARVIND KUMAR OF HISSAR

JUDGEMENT

(1.) This appeal by the appellant Insurance Company is directed against the order of the District Forum, Hissar directing the payment of Rs.33,442/- to the insured complainant-respondent.

(2.) Shri Arvinder Kumar, complainant had apparently set up a new poultry farm in Village Bass and he took out insurance for 4000 poultry birds with appellant Company at a premium of Rs.1/- per bird per annum with effect from 21st of January, 1990 for a period of one year. As is not unusual the said insured birds became victims of an epidemic poultry disease in the end of March, 1990 and stared dying en-masse. The complainant telegraphically informed the appellant Insurance Company about the dangerous condition of the chickens on the 22nd of March, 1990. There is a Veterinary Civil Hospital at Village Bass and the complainant got the postmortem of the dead birds done from the doctor posted thereat. However, it was pointed out that some of the dead birds could not undergo such an examination, though he repeatedly informed the Insurance Company about the fell results of the epidemic. His basic grievance was that the appellant Company did not at all cooperate in the processing of his claim for compensation and ultimately sought to wriggle out of their liability by totally repudiating the same. Compensation to the tune of Rs.1 lac was claimed on his behalf.

(3.) On notice being issued to the appellant a detailed reply to the complaint was filed, the salient features of which alone merit notice. According to the same, on receiving the telegram from the insurer, the Company deputed two of its officers to visit the poultry farm on 23rd of March, 1990 and it was their case that they could find only 18 live chickens thereat. According to the Company the birds at the farm had earlier been loaded in two trucks and taken to Delhi for sale. So far as the claim of conducting the post-mortem of the dead birds the plea was that Dr. Malik who was posted there was on leave on the relevant dates. Allegations of even false post-mortem reports having been obtained were sought to be raised. In sum the case was that the claim was false and concocted and the same was rejected and the matter was treated as having been closed.