B.B.POULTRY LIMITED vs National Insurance Company Limited

THE complainant is running a Poultry Farm at Village Baghwala, Tehsil and District Panchkula. He secured a loan of Rs. 52.5 lacs from Punjab National Bank and he allegedly invested the entire aforesaid sum for construction and running a Poultry Farm. THE complainant has alleged that he possessed 6360 chicks and out of these 6347 were insured on 20.9.1996 through a policy which was for the period from 20.9.1996 to 3.2.1998. He had been getting 9,000 eggs every day. It was on 6.4.1997 that the chicks became ill and he consulted Dr. Jagjit Singh who visited the Poultry Farm the same day and opined that the chicks were suffering from ''Ranikhet''. It has been alleged that a large number of chicks died and scarcely 1176 survived who too were suffering from ''Ranikhet'' and he was advised not to sell because these could be harmful to human life. THE complainant has alleged that he suffered a loss of Rs. 7,23,760/-. THE complainant had paid an insurance premium of Rs. 13,496/- against the policy. Another sum of Rs. 12,758/- against second insurance policy was also paid. THE claim put forward by the complainant briefly is as under : (a) That the complainant be awarded a sum of Rs. 7,23,760/- along with interest @ 18% p.a. from the date of completing all the formalities for settling the claim amount i.e. on 27.9.1997. (b) THE costs of the complaint along with compensation of harassment a sum of Rs. 10,000/-.

IN a reply filed on behalf of the respondent, it has been averred that there were disputed questions of fact and the dispute could not be decided in the summary proceedings of this Commission. As a consequence of the application of mind and survey reports compensation of Rs. 19,477/- and Rs. 25,088/- was payable. The two policies were different and there is mis-joinder. It has further been averred that the birds were sold by the complainant without informing the INsurance Company. On the contrary the claim for the whole stock of the birds has been made by the complainant. Some photographs with the survey report have also been placed on record. The services of Dr. Atma Singh expert in Poultry Science were requisitioned by the respondent. It is a case where the complainant did not possess up to date record. However, it has been well established that the chicks of complainant suffered ''Ranikhet'' on or about 30.3.1997 and the doctor was informed on 6.4.1997. The assessment made by Shri Atma Singh Grewal who made the survey Annexure R-l shows that the loss in respect of one policy was to the extent of Rs. 41,764/- but we are of the view that a reduction of 60% and bringing it down to Rs. 25,058 /-, was not justified. As regards the second policy the loss was assessed at Rs. 32,461/-. Here too reduction of 40% and bringing it down to Rs. 19,477/- was not justified. After considering all these aspects, we hold that a sum of Rs. 74,225/- shall be payable to the complainant by the respondent-Insurance Company together with interest @ 12% per annum from the date of institution of the complaint till realisation and costs Rs. 1,000/-. Complaint disposed of.