The genuineness of the insured property and the evidence establishing its identity are crucial in claim repudiation cases.

ORDER

Irshad Hussain, President - This is insurer's appeal against the order dated 18.9.2006 passed by the District Forum, Uttarkashi, allowing the consumer complaint No. 05/2006 and awarding compensation of Rs. 19,990 together with interest @ 9% p.a. from 25.6.2005, the date of death of the mule till payment; Rs. 500 as damages and Rs. 500 as cost, by way of reimbursement of the loss occasioned to the insured by reason of death of his insured mule.

2. We have heard the learned Counsel for the parties and have carefully considered their submissions in the light of the facts, circumstances and legal aspects of the case. Learned Counsel for the Insurance Company submitted that the claim preferred by the insured was justly repudiated on the basis of the report of the investigator as well as on the ground of NO TAG NO CLAIM and that the District Forum fell in error in not properly considering the investigation report and the non-submissions of the actual tag of the insured mule. We see no merit in the submission, particularly in view of the fact that in the written statement of the appellant filed before the District Forum, it was merely averred that the claim form and the ear tag of the mule were sent to the Insurance Company by the insured after a considerable delay from the date of death of the mule. In the written statement, the genuineness of the tag of the insured mule, was not challenged and, therefore, the belated claim of the investigators M/s. Satish Kumar and Company per report dated 30.7.2005 (Paper Nos. 25 to 26), that the tag on the part of the ear of the mule appeared new one and an attempt was made to give it the characteristics of an old tag, cannot legally be sustained. The reasoning of the investigator also does not appear convincing, in view of the fact that Dr. L.S. Yadav, who performed the autopsy on the dead mule, testified in his affidavit that the insured mule was carrying tag No. 3735/3709, which was admittedly allotted to the complainant's insured mule.

3. An attempt was also made to suggest that the dead mule as shown to the investigator, was not having similar physical characteristics, as were that of the insured mule. Reference was also made to the photograph (Paper No. 42) to suggest that dead mule's colour was not brown, as was that of the insured mule per health certificate (Paper No. 23). The photograph would not indicate that the colour of the dead mule was not brown. It was then pointed out that the complainant told the investigator that the colour of the tail of the dead mule was red and whereas the colour of the tail of the mule in the health certificate was mentioned as black. It will appear from the statement prepared by the investigator (Paper Nos. 43 to 44) that there is a cutting against the tail colour column and against that column red (Hindi matter) has been mentioned. There is no initial on the cutting and, therefore, it was not expected that the complainant gave out to the investigator that the colour of the tail of the dead mule was red as against the black colour of the insured mule. This apart, it is also of significance that not only the medical officer, but also the Pradhan, Gram Sabha, Smt. Phooldei Devi in her affidavit (Paper No. 38), averred that the colour of the dead mule of the complainant was brown and colour of the tail of the mule was black. The evidence on record, thus, clearly fix the identity of the dead mule, clearly tallying with the identity of the insured mule and in the totality of the circumstances of the case, the District Forum was fully justified in coming to the conclusion that the Insurance Company was not justified in repudiating the claim made by the complainant on account of death of his insured mule.

4. In so far as the quantum of compensation is concerned, we see merit in the argument of the learned Counsel for the Insurance Company that as per norms of the insurance policies of the mule, 80% of the insured sum is payable by way of indemnification of the