Mr. V.N. Mishra, Member—The present appeal has been filed against the order dated 30.6.1997, passed by the District Forum, Begusarai in Complaint Case No. 124/96 directing the opposite parties to pay Rs. 1,51,000/- with interest at the rate of 18% from the day of theft alongwith a sum of Rs. 10,000/- as compensation and Rs. 2,000/- as litigation cost.

2. The brief facts of the case are that the complainant had purchased seven numbers of cows at Buxar on 19.3.1996 for a sum of Rs. 1,51,000/-. He got these cows insured for one year with Oriental Insurance Company on 12.5.1996 for a sum of Rs. 1,51,000/-for which he paid the Insurance Premium of Rs. 9,514/-. Insurance Policy No. 3/No-019528 was issued by opposite party No. 3 covering all risks, which according to the complainant meant that it was a comprehensive policy covering all sorts of risks.

3. All the seven cows of the complainant were stolen on 17.5.1996. F.I.R. was lodged by the complainant with Pandark Police which was registered as Case No. 41 of 1996. The complainant informed the opposite party on 18.5.1996 through registered post with A /D vide registration receipt No. 3464 informing them that all the insured cattle had been stolen on 17.5.1996. A registered letter with A/D had also been sent to them on 12.7.1996 vide registration receipt No. 3859 dated 12.7.1996. Opposite party No. 3 thereupon wrote to the complainant vide his letter dated 15.7.1996 saying that according to column 6 of the policy, no claim can be made under the policy for theft of the cattle and Insurance Company refused to make any payment of the claim. The complainant in reply sent his reply dated 30.7.1996 that Clause- 6 of the policy is not applicable in his case as according to his policy all risks had been covered and therefore his claim may not be rejected. The complainant again requested opposite party No. 3 vide his letter dated 13.9.1996 to refer the matter to an Arbitrator for adjudication vide Clause-11 of the policy, but they were not stirred even to send a reply to him. The complainant claims to have spent Rs. 10,000/- in correspondence and in meeting officers of the Insurance Company at different places on several occasions. He suffered mental agony because of the loss of the cows and he was not getting any response from any quarter of the Insurance Company.

4. The complainant then filed a complaint case before the District Forum, Begusarai with the prayer that the opposite party may be directed to pay a sum of Rs. 1,81,000/- for insurance claim, compensation, expenses incurred by him including litigation cost. The complainant filed affidavit in support of his contention in the complaint case.

5. The opposite party, on being noticed, filed show-cause denying that they had issued a comprehensive policy covering all risks. They contended that all risks written in hand only meant that all risks arising out of various types, of diseases and accidents mentioned in the insurance policy. The risk on account of theft is not covered under this policy. They further contended that they have clearly stated in the insurance policy that there will be no claim if no tag is produced. No tag has been produced by the complainant in this case. The complainant has not been able to make out any case against the opposite parties. The complaint case may, therefore, be dismissed. The opposite parties have also filed affidavit in support of their show- cause.

6. The District Forum after hearing both the parties passed the impugned order directing the opposite parties to pay a sum of Rs. 1,51,000/- as insurance claim with interest at the rate of 18% per annum from the date of theft of the cows till actual payment, Rs, 10,000/- as compensation and Rs. 2,000/- as litigation cost.

7. Being aggrieved by the above order the opposite parties have filed the present appeal reiterating that unless tag is produced before the Insurance Company no insurance claim can at all be entertained, according to the condition of the