DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the  15^th day of May, 2023

Present      :   Sri. Vinay Menon V., President

                  :  Smt. Vidya A., Member                                                          Date of Filing: 22/07/2022  

                         CC/129/2022

Krishnan P

Pandarathil veedu,

Vattamannapurath,

Edathanattukara P.O.

Mannarkkad, Palakkad – 678 632                                   -                       Complainant

       (By Adv. V. Shanmuganandan)

                                                                                                Vs

The Oriental Insurance Company Ltd.,

Branch Manager,

City Branch Office,

Ramakrishna Building,

Near Aristo Junction,

Thiruvananthapuram                                            -                       Opposite party

       (By Adv.P.Ramachandran)

O R D E R

By  Sri. Vinay Menon V., President

1. The complainant grieves that his cow was incurred with the opposite party for an amount of Rs.65,000/-.  During the subsistence of said policy, the cow stopped milking due to serious diseases. As per the policy stoppage of production of milk due to infections are covered and the complainant is entitled to the entire Rs.65,000/-. But the opposite party has failed to honour the claim of the complainant resulting in financial losses as well as mental pain and agony which the opposite party has tentatively valued at Rs.3 lakhs. The complainant seeks this amount alongwith the insured amount of Rs.65,000/-.
2. Even though OPs entered appearance they failed to file version within the stipulated statutory period. Hence the proceedings were carried out as if they were exparte.
3. Evidence comprised of Ext.A1 to A12. Ext.A1 policy schedule shows that the complainant is beneficiary number 67 in the list of beneficiaries. The cow is aged 4 years and nine months and is insured for Rs.65,000/-. Tag No. is shown as 420042089752.  Ext.A3 is the cattle claim form. It shows value of the cow prior to illness as Rs.55,000/-. Ext.A4  claim intimation issued by veterinary surgeon shows that the animal became non productive due to coliform mastitis.  Ext.A5 is  a valuation certificate. Ext.A7 is yet another permanent total disability certificate. Ext.A12 is a screenshot of the ear tag showing number 420042089752.
4. In the absence of a version from the part of opposite parties the complainant need to prove only a prima facie case and the documents produced by the complainant goes to prove that his cow stopped milking due to coliform mastitis and that the conditions suffered by the cow is a permanent total disability.
5. There is no document to show if the claim is rejected. Complainant’s case is that the O.P.s had kept extending the time indefinitely. And the O.P.s has failed to represent their case effectively.
6. Exhibits produced by the complainant and marked in evidence prove beyond reasonable doubt that the complainant has a prima facie case and that he is entitled to receive the claim amount. There are no merits on the part of the O.P,. in delaying payment insured amount. This delay constitutes deficiency in service on the part of the opposite party.
7. Aforesaid being the conclusions that we can arrive at from going through the evidence of the complaint, we order as herein below:

1)         The complainant is entitled to Rs. 55,000/- (Rupees Fifty five thousand only) being the value of the cow as evidenced by Ext. A3, A4 and A5 documents.

2)         The complainant is entitled to an interest @10% p.a. on the aforesaid amount from  

21/04/2021, being the date of claim, till the date of payment.

3)         The complainant is entitled to Rs. 20,000/- (Rupees Twenty thousand only) for deficiency in service on the part of the O.P.

4)         The complainant is entitled to cost of Rs.10,000/- (Rupees Ten thousand only) as claimed.

5)         The opposite parties are directed to pay these amounts within 45 days from the date of receipt of a copy of this Order, failing which the opposite party shall pay a solatium of Rs. 500/- per month or part thereof till the date of final payment.   

                  Pronounced in open court on this the 15^th day of May, 2023.    

                                                                                           Sd/-

                                                                                                Vinay Menon V

                                                      President

                                                             Sd/-

   Vidya.A

                       Member                                                               

APPENDIX

Exhibits marked on the side of the complainant :

Ext. A1 – Copy of policy schedule   

Ext. A2 –  Copy of registration for NEFT / RTGS payment  

Ext. A3 –   Copy of cattle claim form

Ext. A4 –   Copy of cattle PTD claim intimation

Ext. A5 –   Copy of valuation certificate

Ext. A6 –   Copy of application dated 21/4/2021

Ext. A7 –   Copy of permanent total disability certificate

Ext. A8 –   Copy of email communication dated 10/5/2021

Ext. A9 –   Copy of lawyer notice dated 8/3/22

Ext. A10 –  Copy of addenda to Ext.A9

Ext. A11 –  Original Postal AD card

Ext. A12 –  Copy of photograph of ear tag

 Exhibits marked on the side of the opposite party:   Nil

Court Exhibit:  Nil

Third party documents:  Nil

Witness examined on the side of the complainant: Nil

Witness examined on the side of the opposite party:  Nil

Court Witness: Nil

NB : Parties are directed to take back all extra set of  documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.