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UTTARANCHAL STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, DEHRADUN
Honble Mr. Justice K.D. Shahi, Chairman;
Mr. Surendra Kumar & Ms. Luxmi Singh, Members
NEW INDIA ASSURANCE CO. LTD.—Appellant
versus
SMT. GAINDI DEVI—Respondent
Appeal No. 363 of 2002—Decided on 20.5.2003
Counsels for the Parties :
For the Appellant :Mr. Rahul Sharma, Advocate.
For the Respondent No. 1:Mr. Shardul Negi, Advocate.
For the Respondent No. 2:Mr. J.K. Jain, Advocate.
The court upheld the principle of relying on evidence and the circumstances of the case to determine the validity of an insurance claim.
Headnote:
Insurance - Claim Dispute - The court upheld the decision of the District Forum in favor of the claimant, ruling that the evidence supported the presence of the tag in the ear of the dead cattle, justifying the claim. The appeal by the Insurance Company was dismissed.
Fact of the Case:
The appellant, an Insurance Company, refused a claim for a buffalo's death on the ground that there was no tag in the ear of the buffalo. The District Forum allowed the claim petition, which led to the appeal.
Finding of the Court:
The court found that the evidence supported the presence of the tag in the ear of the dead cattle, and the order of the District Forum was perfectly justified and called for no interference. The appeal was dismissed.
Issues: Dispute over the presence of a tag in the ear of the dead cattle and the validity of the claim by the Insurance Company.
Ratio Decidendi: The court relied on the evidence presented and the circumstances of the case to uphold the decision of the District Forum in favor of the claimant.
Final Decision: The appeal by the Insurance Company was dismissed, and the cost of the appeal was to be easy.
Mr. Justice K.D. Shahi, Chairman—This is an appeal against the order of the District Forum, Uttarkashi dated 10.7.2000.
2. The appellant is the Insurance Company. Gaindi Devi has purchased a buffalo for Rs. 9,000/-. It was insured with the appellant. The buffalo died on 3.5.1999. The post-mortem was done. The tag of the buffalo was taken out. A claim was lodged with the Insurance Company. It was refused on the ground that there was no tag in the ear of the buffalo.
3. After taking the evidence of the parties, the Forum allowed the claim petition against which order, the present appeal has been filed. The only question is, whether the tag was in the ear of the dead cattle. There are affidavits of the witnesses and on facts, the learned Forum has accepted the evidence of the complainant. The survey was about after 5 months and the recording of evidence by the Surveyor after 5 months does not remain reliable. We do not want to go into the detailed discussion. But on the facts and circumstances of the case, the order of the learned Forum appears to be perfectly justified and calls for no interference. The appeal has got no force and is to be dismissed.
ORDER
The appeal is hereby dismissed. However, in the circumstances of the case, cost of the appeal shall be easy.
Appeal dismissed.
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