New India Assurance Co. Ltd. vs SURTU

THIS is an appeal against the order dated 8.8.2000 whereby the complaint of the complainant for recovery of Rs. 15,000/- (Rupees fifteen thousand) as insured amount on the death of his goats along with interest @ 12% and compensation of Rs. 1,000/- (Rupees one thousand) and cost of litigation of Rs. 1,000/- (Rupees one thousand) was allowed.

THE brief facts of the case are that the complainant had purchased 18 goats after taking loan of Rs. 20,000/- (Rupees twenty thousand) from the Bank and got them insured for Rs. 18,000/- (Rupees eighteen thousand). During the insurance period, all of a sudden on 29.4.1998, 15 goats died due to some unknown disease. Dr. D.C. Gupta did the post-mortem of the dead bodies of the goats on 30.4.1998 and reported that the goats have died due to eating of some poisonous grass. THE doctor verified the death of the goats. Even the Gram Pradhan, Member of the Shetra Samiti and Member of Zila Panchayat verified the death. THE complainant lodged the claim with the Insurance Company but the claim was repudiated on the ground that there were no tags in the ears of the goats. THErefore, the complainant filed a complaint before the learned Forum. The Bank in its objections admitted the loan, insurance, receipt of the claim form and submission of the claim form to the Insurance Company after completing the formalities.

The Insurance Company admitted the insurance. It was further alleged that the tags were not in the ears, nor there was post-mortem, therefore, the claim was repudiated.

THE learned Forum after taking the evidence of the parties and hearing them allowed the complaint. Against which order the present appeal has been filed. We have heard the learned Counsel for the parties and gone through the records. The death of the goats has been verified by the doctor, Gram Pradhan, Member of the Shetra Samiti and Member of the Zila Panchayat. There was also Panchayatnama and the Panchayat have signed it. These persons have got no interest in giving false certificate to the complainant. The repudiation order does not show that there was no ear tag in the ear but it was only said that if by 30.6.1998 the claim form and ear tags are not received, the file shall be closed. The learned Counsel for the Insurance Company argued that the post-mortem report has not been produced. Countryside, illiterate persons do not know difference between the post-mortem and examination of the dead body. Actually the doctor has examined the dead body and in the claim form he has specifically mentioned the tag numbers of each of the goats. The complainant has got no interest in killing his goats and producing tags of different goats. Actually these tags were given to the goats of the complainant. In the letter dated 18.8.1998, the Insurance Company has written that the investigator found that the tags were not in the ears of the goats whereas the complainant has specifically alleged that the doctor has cut the ears and given the tags to him.

WE do not find any infirmity in the order passed by the learned Forum. This appeal has got no force and is liable to be dismissed. However, interest @ 12% has already been given. Interest is nothing else but compensation. The complainant cannot get both the reliefs. Therefore, the order regarding payment of compensation of Rs. 1,000/- (Rupees one thousand) is to be quashed. It is further written in the order that if the amount is not paid within 2 months, the Insurance Company will have to pay interest @ 18%. The appellant has got a right of appeal and his right of appeal cannot be defeated by passing such penal orders. No such penalty can be imposed without hearing the parties and without any cogent reason. Therefore, that order is also to be quashed. The date from which the interest shall be given has been given in the order as the date on which the goats died. Goats died on 29.4.1998. The claim was repudiated. Then in February, 1999, the complaint was filed. The complainant has himself delayed the filing of the complaint. Therefore, it is proper that interest should be paid from 1st March, 1999 instead of date of death of the goats i.e., 29.4.1998. ORDER The appeal is hereby partly allowed and partly dismissed. The order of payment of Rs. 1,000/- (Rupees one thousand only) as compensation is hereby quashed besides the rate of interest shall remain 12%, the order of penal interest @ 18%, if the amount is not paid within 2 months is also hereby quashed. Interest @ 12% shall be payable to the complainant from 1.3.1999 till the actual date of payment. Rest of the order under appeal is hereby confirmed. Cost of this appeal shall be easy. Appeal partly allowed.