BRANCH MANAGER STATE BANK OF INDIA Vs. USHA KUMARI S

JUDGEMENT

(1.) This appeal is directed against the order passed by District Forum, Idukki in O. P. No.170/1993. The second opposite party is the appellant.

(2.) Shortly stated, the allegations in the complaint are follows : the complainant purchased a cow by availing a loan under the I. R. D. P. Scheme from the second opposite party-Bank on 3.7.1993. The complainant paid Rs.419/- to the second opposite party-Bank for insuring the said cow with the first opposite party. The complainant also produced relevant documents with the second opposite party for getting the cow insured with the first opposite party. Accordingly the second opposite party represented that the cow is insured with the first opposite party. The complainant's cow died on 13.7.1993 due to some sudden illness and the matter was intimated with the second opposite party and post-mortem examination was conducted by Veterinary Surgeon. The claim was forwarded to the first opposite party. The first opposite party rejected the claim on the ground that the Insurance Company has received the insurance premium only on 5.8.1993 whereas the cow died on 13.7.1993. Though the complainant requested to reconsider the matter the first opposite party rejected the claim. Hence the complaint.

(3.) The first opposite party contended that the premium amount was not paid prior to the death of the cow and therefore there is no valid contract of policy.