ORIENTAL INSURANCE COMPANY LTD vs RAM SURAT

-THIS is an appeal against judgment and order dated 19. 1. 2001 passed by the District Forum, Sultanpur in Complaint Case No. 229/1996.

HEARD Mr. Vineet Srivastava, Advocate, learned Counsel for the appellant and Mr. Vijay Pratap Singh Chauhan, Advocate learned Counsel for the respondent and perused the order. One and the only argument which survives for the judicious consideration in the present case is whether the complainant can be awarded compensation on the ground of death of she buffalow even without a tag. Hon''ble Supreme Court of India has made it crystal clear that claim on account of the death of she buffalow is proved through the tag number, in other words to say ''no tag no claim'' is a rule of law. In the instant case, on 19. 11. 1994 the insurance of the she buffalow was admittedly done by the appellant and its tag number was 15944/iic 224500 and the same was tagged with the ear of the she buffalow. A she buffalow died at about 4 p. m. on 21. 3. 1996. The animal was subjected to the post-mortem for ascertaining the cause of death. The Veterinary Doctor while conducting the post-mortem found that there was no attachment of the tag with the ear of the she buffalow and made endorsement thereof in the post-mortem report. Obviously the identity of the said animal cannot be fixed to that of insured she buffalow of the complainant, in the absence of tag.

The learned Counsel for the respondent on the other hand has placed reliance on the certificate issued by Pradhan of the Gram Shabha concerned, in which five members of the Panchnama has certified that it was the buffalow whose loan was taken on 21. 3. 1996 by the complainant. We place no reliance at all on the said document issued by the Pradhan. Pradhan is no person authorised to issue a certificate of a like nature, specially when he or any one from amongst the Panches were not present when the contract was made between the complainant and insurer/appellant. Yet another feeble argument by the learned Counsel for the respondent was made that since officials of the Insurance Company were demanding certain illegal gratifications for providing another tag as the initial tag had fallen some-where, the re-tagging was not done. Though, there is no conclusive evidence on that count, yet that also does not assume any importance as unless and until, identity of the she buffalow, is fixed to be same animal which was insured, had died, no economic liability could have been fastened by the District Forum.

WE find that the approach of the District Forum has been throughout arbitrary and foreign to the legal position established by the Apex Court of India. ORDER Appeal is allowed judgment and order of the District Forum are set aside. In the event of any deposit having been made during the course of the pendency of appeal, in view of interim order, the appellant will be entitled for taking it back along with accrued interest on production of the certified copy of this order. Appeal allowed.