Panchnama Not Sufficient To Prove Death Of Insured Buffaloes, M.P. State Commission Dismisses Appeal Filed Against National Insurance Co.
The State Consumer Disputes Redressal Commission, Madhya Pradesh bench comprising Shri A.K. Tiwari (Presiding Member) and Dr Shrikant Pandey (Member) dismissed an appeal filed against National Insurance Company Limited by the owner of 20 insured buffaloes. The Owner failed to arrange for the post-mortem of the deceased buffaloes and instead got a 'Panchnama' (record of evidence by 5...
The State Consumer Disputes Redressal Commission, Madhya Pradesh bench comprising Shri A.K. Tiwari (Presiding Member) and Dr Shrikant Pandey (Member) dismissed an appeal filed against National Insurance Company Limited by the owner of 20 insured buffaloes. The Owner failed to arrange for the post-mortem of the deceased buffaloes and instead got a 'Panchnama' (record of evidence by 5 people) signed by the co-villagers. The Panchnama was held to be insufficient to prove the claim.
Brief Facts:
The Complainant took a loan from Ujjain Jila Sahakari Krishi and Gramin Vikar Bank (“Bank”) to buy 20 buffaloes. The Complainant insured the buffaloes by buying 2 insurance policies from the National Insurance Company Limited (“Insurance Company”) for 10 buffaloes each. During the sustenance of the policy, one of the buffaloes died. The Complainant duly informed the Insurance Company and its agent. However, no one visited for any sort of inspection. A 'Panchnama' (record of evidence by 5 people) of the co-villagers was signed and given to the agent of the Insurance Company.
Later, another buffalo of the Complainant died. On being informed, the Insurance Company sent a doctor to inspect the dead body and prepare a report. The report was handed over to the agent of the Insurance Company. After some time, another buffalo died and this time, no post-mortem was performed and no 'Panchnama' was signed. Further, the Insurance Company failed to reimburse the insurance amount for all three deceased buffaloes. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ujjain (“District Commission”).
The Insurance Company contended that the deaths of 3 buffaloes were not informed by the Complainant. Further, the Complainant failed to produce the relevant documents such as the post-mortem report and the tags of the buffaloes. The District Commission did not find the Insurance Company liable for deficiency in services. Therefore, the complaint was dismissed.
Dissatisfied by the order of the District Commission, the Complainant filed an appeal in the State Consumer Disputes Redressal Commission, Madhya Pradesh (“State Commission”).
Observations of the State Commission:
The State Commission noted that the Complainant failed to arrange for the post-mortem of the three deceased buffaloes. He further failed to substantiate that he informed the Insurance Company regarding the demise of these buffaloes. Therefore, the District Commission rightfully concluded that the claim could not be reimbursed solely based on a 'Panchnama' of witnesses. A post-mortem report was needed to settle the claim.
For one of the buffaloes, the Complainant even failed to present the inspection report of the dead body and inform the Insurance Company regarding the same. For another buffalo, even if the Complainant contended that such inspection was carried out, no proof was submitted to show that the Insurance Company was informed about the same.
Further, the alleged deaths happened between 2006-2007. However, the Complainant approached the District Commission only in 2011, even after not getting the claim amount till 2010. Therefore, the complaint was barred, on account of the period of limitation. As a result, the State Commission dismissed the appeal and upheld the order of the District Commission.
Case Title: Girish vs National Insurance Company Limited and Others
Case No.: Revision Petition No. 04/2024