PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-120/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Jogendra Toppo,

S/O- Late BhimaOram @ Toppo

R/O-Kuretola, PO- Sakhipara, PS-Dhanupali,

Dist-Sambalpur, Odisha-768001.                                   …………........Complainant

Vrs.

Branch Manager, United Insurance Co. Ltd.

Situated at Saheed Nagar, Bhubaneswar, Dist-Kurda,

Represent through Branch Manager of Sambalpur Branch,

PO/Ps/Dist-Sambalpur-768001                                                .…...…….Opp. Party

Counsels:-

1. For the Complainant         :- Sri. M.S.Mitra & Associates
2. For the O.P.                        :- Sri. B.K. Purohit, Adv.

Date of Filing:04.08.2023,  Date of Hearing :02.09.2024,  Date of Judgement :30.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant filed this case alleging that the O.P. till date not settled his policy No. 2064004721P112650528 made for the cow which died on 13.09.2022. The V.A.S. Sarat Kumar Patra vide Regd. No. 2147 conducted the post-mortem. The Complainant claimed Rs. 40,000/- the insured value.
2. The O.P. in reply submitted that policy for the Cow was issued and while making settlement as per point No. 6 of the policy the insured has to submit the required documents. The insured submitted claim to CDVO, Sambalpur and the same was forwarded to the insurer. The value of the cow is Rs. 40,000/-. After receipt of post-mortem report Complainant was requested to submit fresh claim form duly signed and initial Geo tagged photographs as per requirement but the Complainant not submitted and accordingly claim was repudiated.
3. Perused the documents filed by both the parties. It is the admission of both the parties that the cow insured died on 13.09.2022 having ear tag No. 102862707118 and it was reported to the CDVO, Sambalpur. Two photographs of the images ImG-20220913-WA0022jpg-231K and IMG-20220913-WA 0029jpg-385k were sent to the O.P. The Complainant submitted livestock claim along with post mortem report dated 13.09.2022.

In the otherhand the O.P. submitted the copy of documents showing livestock insurance from 01.03.2022 to 28.02.2023, live stock claim with post-mortem report dated 13.09.2022, Copy of policy, letter dated 03.08.2021 for Geo-tagg Digital photo, letter dated 11.08.2021 for submission of Geo tagged Digital photographs at the time of tagging.

4. From the post-mortem report dated 13.09.2022 and geo-tagg photographs it reveals that against policy No. 2604004721P112650528 claim was made for the death of a cow insured. At the time of issuance of policy geo-tagg photograph of the livestock is mandatory but in this case after issuance of policy and death of animal the question was raised. The O.P. not submitted any documents to prove that the Complainant was informed to submit the geo-tagg photographs. No doubt the O.P. issued different letters to the CDVO, Sambalpur for general information and practice. Non-submission of geo-tagged photographs at the time of insurance policy by CDVO, the mistake can not be imposed to an insured. In the present case the CDVO, Sambalpur has not sent the geo-tagged photographs at the time of insurance. the dead animal photograph along with post-mortem report is sufficient to conclude that the insured livestock died and the O.P. is liable to pay insured amount.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The Complaint is allowed on contest against the O.P. The O.P. is directed to pay the insured amount to the Complainant for Rs.40,000/- with 7% interest w.e.f. 13.09.2022 within one month of this order. In-case of non-payment the amount will carry 12% interest P.A. till realisation. The O.P. is directed to pay litigation expenses of Rs. 10,000/-. No compensation.

Order pronounced in the open court on 30^th day of Sept, 2024.

Supply frees copies to the parties.