IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

SRI. C.V. MARGOOR,PRESIDENT

O R D E R

1. This complaint filed by Smt. Sujatha.S.S w/o. Sri.K.S. Rajashekar, resident of Doddakolli, Kodlipet Village, Somwarpet Taluk, Kodagu District against the opponent United India Insurance Company Ltd., Madikeri with a prayer to direct the opponent to pay a sum of Rs.1,00,000/- as compensation for the death of cow, a sum of Rs.25,000/- as compensation towards mental agony and hardship suffered by the complainant and Rs.10,000/- towards the cost of the proceedings.

2. The complainant had purchased a black horn cow with white patch aged 3 ½ years with financial assistance of Kaveri Grameena Bank, Kodlipet Branch and the opponent has issued policy bearing No.706034717P113264768 and the policy was valid from 19/12/2017 to 18/12/2018.

3. During the subsistence of the policy that on 01/01/2018 the cow was died.  That on 02/01/2018 the Veterinary Doctor has conducted post mortem of the said cow and given report to the KaveriGrameena Bank, Kodlipet Branch to get the claim from the opponent.  The opponent instead of paying the claim amount has repudiated the claim on untenable reasons through its letter dated 17/01/2018.  Hence, this complaint.

4. The opponent filed its version admitting that the complainant has obtained cattle insurance policy for a mulching cow and she has informed the death of the cow through financier Kavery Grameena Bank, Kodlipet Branch.  After scrutiny of papers the opponent observed that the policy was commenced from 19/12/2017 and the insured cow was died on 01/01/2018 within 12 days from the commencement of the policy.  As per the exception clause 2 policy the diseases contracted prior to the commencement of risk and the cow died during the first 15 days from the commencement date of policy as such the opponent has repudiated the claim.  There is no deficiency in service on the part of the opponent.

5. The complainant filed her affidavit in lieu of evidence and got marked exhibits P1 to P5 documents.  On behalf of opponent Sri.Umesh Kadarmandalgi  s/o. Shivashankar, Branch Manager, Madikeri filed affidavit evidence and got marked exhibits R1 to R4 documents. 

6. Heard the arguments advanced by learned counsel for the complainant and opponent and the points that would arise for determination are as under;

1. Whether the complainant proves that the act of opponent repudiating her claim amounts to deficiency in service?
2. What order?

7. Our findings on the above points is as under;

• Point No.1:- In the Affirmative
• Point No.2:-  As per final order for the below

R E A S O N S

8. Points 1 and 2:-In this case the opponent has not disputed issue of insurance policy to the complainant’s cow who purchased by availing loan from Kavery Grameena Bank, Kodlipet Branch.  The sole contention of opponent is that the cow was died within 12 days from the commencement of the policy and as per the exception of the policy condition if the animal died during the first 15 days from the commencement date of policy the company is not liable to pay the death claim.  Exhibit P1 health certificate is issued to the opponent by the Veterinary Surgeon on 05/12/2017 stating that the said cow is free from all contagious diseases and fit for dairy purpose and recommended for acceptance of the animal for insurance.  Exhibit P1 indicates that prior to insurance of the cow it was examined by Veterinary Surgeon on 05/12/2017 and opined that it is not suffering from any contagious diseases and fit for dairy purpose.  On the health certificate issued by the Doctor the opponent has issued exhibit P2 policy for the period from 19/12/2017 to 18/12/2018.  Kavery Grameena Bank, Kodlipet Branch has insured the said cow by paying insurance premium of Rs.1,770/-.  Exhibit P3 is receipt issued by opponent insurance company wherein it is mentioned as collection date of premium on 18/12/2017.  The details of premium i.e. mode of premium is demand draft dated 13/12/2017 drawn by the Kavery Grameena Bank, Kodlipet Branch for Rs.1,770/-.  It shows that the insurance premium was paid through demand draft dated 13/12/2017.  If the premium was paid through cheque then it would have taken time for collection of the cheque amount.  Though the demand draft was dated 13/12/2017 the opponent has issue policy on 19/12/2017 but it collected the amount on 18/12/2017.  According to exhibit P2 policy/ R1 policy produced by opponent exception clause no.2 says that diseases contracted prior to commencement of risk and provided always that any claim arising out of diseases or illness contracted by the animal during the first 15 days from the commencement of date of policy the owner of the animal is not entitled for death claim.

9. Admittedly the cow was died on 01/01/2018 and the Veterinary Surgeon has reported to the Manager, Kavery Grameena Bank on 02/01/2018 that they have conducted post mortem of the deceased  cow on 02/01/2018 at 9-30 a.m.  According to exhibit R1 policy commencement of the risk was from 19/12/2017.  But December month consists of 31 days.  According to opponent the cow was died within 12 days from the date of risk but it is not correct as it was died on 14^th day from the date of issue of exhibit R1 policy.  If the collection date of premium is taken in to consideration i.e. 18/12/2017 the cow was died on 15^th day.  Even in exhibit R1 policy it is mentioned that prior to issue of policy the said cow was examined by Veterinary Surgeon Chitiappa.  Exhibit P1 indicates that the Veterinary Surgeon had examined the cow on 05/12/2017 and issued health certificate on the letter head of opponent stating that the animal is free from all contagious diseases and fit for dairy purpose.  If the cow was not examined prior to issue of exhibit R1 policy in which the risk covered from 19/12/2017 then the exception clause would have been applied.  On the contrary in this case 14 days prior to issue of exhibit R1 policy the said cow was examined and Veterinary Surgeon certified that the said animal is free from all contagious diseases.  In addition to that the Kavery Grameena Bank, Kodlipet Branch has issued demand draft to the opponent dated 13/12/2017 but the opponent has issued receipt mentioning as collection date as on 18/12/2017.  As already observed that the Kavery Grameena Bank has insured the cow by issuing demand draft dated 13/12/2017 and the opponent has taken five days time to collect the amount or realize the demand draft amount and on the next day issued policy.  If the date of collection of premium amount is taken in to consideration 15 days will complete as on 01/01/2018 the day on which the cow was expired.  There is delay on the part of opponent to issue exhibit R1 policy though the bank has issued demand draft on 13/12/2017.  The opponent has not produced any document to show that it has received the demand draft from the Kavery Grameena Bank on 18/12/2017 or one day prior to that.  The Consumer Protection Act is a social legislation as such the benefits shall be given to the complainant since there is lapse on the part of opponent to collect the demand draft amount. 

10. The said cow was insured for Rs.30,000/- as such the complainant is entitled for a sum of Rs.30,000/- as death claim.  Further the complainant is entitled for a sum of Rs.5,000/- as compensation towards the mental agony and Rs.5,000/- towards the cost of the proceedings.  Accordingly, we proceed to pass the following;

O R D E R

1. The complaint filed by Smt. S.S. Sujatha w/o. K.S. Rajashekar is partly allowed directing the opponent to pay a sum of Rs.30,000/- to the complainant with interest at the rate of 12% per annum from 01/01/2018 till its realization.
2. It is further ordered that the opponent shall liable to pay Rs.10,000/- as compensation and cost of this proceedings to the opponent within two months from the date of order.  Otherwise it carries interest at the rate of 12% per annum from the date of order till realization.
3. Furnish the copy of the order to the complainant and opponent at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 29^th day of DECEMBER, 2018)

                                                  (C.V. MARGOOR)

                                                      PRESIDENT 

                                                (M.C. DEVAKUMAR)

                                                        MEMBER