BEFORE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CIRCUIT BENCH, RAJASTHAN, JAIPUR


APPEAL No. 650/2000

Rajendra Kumar vs United India Insurance Co. & Anr.


13.04.2009


Before:

Mr. G.S. Hora, Presiding Member

Mr. Sikandar Punjabi, Member


Present:

Mr. N.S. Handa, counsel for the Appellant

Mr. S.S. Punia, counsel for the Respondent No. 2 (PNB)


Heard.


This appeal arises out of the order dated 19.5.2000 passed by the learned District Forum, Churu whereby the complaint was dismissed.


There is no dispute on the point that if the insured animal dies within 15 days of the issuance of policy, no claim is payable. The Cover Note goes to show that the policy was for a period from 27.3.99 to 26.3.2000 and the Cow in question died on 29.3.1999. Thus, the death is within 15 days of the policy. The only question raised by the learned counsel for the Appellant is that the earlier policy was for a period from 16.1.1998 to 15.1.1999. Thereafter the Punjab National Bank was supposed to get the policy renewed by paying the premium on behalf of the Appellant. As the Bank failed to deposit the premium, the liability can be fastened on the Bank for deficiency in service on its part.


We have gone through the agreement which was concluded between the Appellant and the Bank which does not lay down that the premium was to be paid by the Bank. It appears from the terms and conditions, the insurance was to be got done by the Appellant. As the later insurance policy was not in continuation of the previous policy, therefore, the later one cannot be said to be a renewal policy. As the insured animal died within 15 days of the issuance of the policy, therefore, no claim was allowed to the Appellant-Complainant. The learned District Forum has rightly dismissed the complaint.


Consequently, the appeal fails and the same is dismissed with cost on parties.

Member Presiding Member

Hira Lal