Tribunals and Commissions(1993) 04 NCDRC CK 0023

United India Insurance Co. Ltd. vs Guddi Devi

National Consumer Disputes Redressal Commission · Decided on 20 April 1993 · Citation: 1994 3 CPJ 279 : 1995 1 CPR 726

HON’BLE JUDGES
K.S.Varma , S.P.Goyal , Vidya Sonker J.
RESULT
Appeal decided

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Judgment

4 paragraphs · 277 words
1.

THIS Appeal arises out of Insurance claim in regard to 3 Buffalos which were insured by the Appellant is not in dispute that two of the Buffalos covered by the Insurance died and they paid the amount payable in respect of their death to the Complainant.

2.

ANOTHER Buffolo also died and the case of Insurance Company is that before the death of the third Buffalo the Insurance was cancelled and the complainant was informed that the proportionate premium shall be paid to him. This was done by letter dated 11.6.1987. The District Forum is not right in coming to the finding it has arrived to as letter dated 11th June, 1987 which has been filed before us today indicates that the Insurance Department had cancelled the Insurance Policy and agreed to return the premium. In this view of the matter the District Forum was not justified in awarding Rs. 4000/- even after the cancellation of the Insurance Policy. After 11th June, 1987 the death of yet another Buffalos will not afford any ground to the complainant to claim from Insurance Company any compensation on the death for that Buffalo.

For reasons stated above, the complainant is entitled to Insurance money in respect of 3rd Buffalo who died prior to 11th June, 1987.

3.

WE accordingly held that the complainant is entitled to Rs. 4000/- only and not Rs. 8000/-. The complainant will be entitled to interest on the sum of Rs. 4000/- at the rate mentioned in the judgment of the Forum. The amount shall be paid by 31st May, 1993. The Appeal and the complaint are decided in the manner indicated above. Appeal decided.