Tribunals and Commissions

New India Assurance Co. Ltd. vs GAINDI DEVI

National Consumer Disputes Redressal Commission · Decided on 20 May 2003 · Citation: 2003 3 CPJ 267 : 2004 1 CLT 347

HON’BLE JUDGES
K.D.Shahi , Surendra Kumar , Luxmi Singh J.
RESULT
Appeal dismissed
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Judgment

2 paragraphs · 225 words
1.

THIS is an appeal against the order of the District Forum, Uttarkashi dated 10.7.2000.

2.

THE appellant is the Insurance Company. Gaindi Devi has purchased a buffalo for Rs. 9,000/-. It was insured with the appellant. THE buffalo died on 3.5.1999. THE post-mortem was done. THE tag of the buffalo was taken out. A claim was lodged with the Insurance Company. It was refused on the ground that there was no tag in the ear of the buffalo. After taking the evidence of the parties, the Forum allowed the claim petition against which order, the present appeal has been filed. The only question is, whether the tag was in the ear of the dead cattle. There are affidavits of the witnesses and on facts, the learned Forum has accepted the evidence of the complainant. The survey was about after 5 months and the recording of evidence by the Surveyor after 5 months does not remain reliable. We do not want to go into the detailed discussion. But on the facts and circumstances of the case, the order of the learned Forum appears to be perfectly justified and calls for no interference. The appeal has got no force and is to be dismissed. ORDER The appeal is hereby dismissed. However, in the circumstances of the case, cost of the appeal shall be easy. Appeal dismissed.