Judgment:
A. Venkatarami Reddy, President:
1. This appeal is preferred by the Branch Manager, New India Assurance Company Ltd., Peddapalli (V) i.e. the opposite party in O.P. 98/ 94 District Forum, Karimnagar questioning the order of the District Forum directing the payment of compensation of Rs. 45,000/- with interest at 12% p.a. and also costs.
2. It was alleged in the complaint that the complainant insured 2000 layers in his poultry with the opposite party on 25.6.93 to cover the risk of all types of diseases from 11th week to 22nd week and paid Rs. 4,500/- towards premium. Inspite of taking all the precautions, the layers were affected by 'Gumbora' disease and nearly 1981 birds died. The same was informed to the opposite party and they enquired into the matter. But thereafter the opposite party did not settle the claim on the ground that the policy does not cover 'Gumbora' disease. It was also mentioned that the opposite party charged Rs. 2.50 ps. for each bird to cover the risk of all diseases. Therefore the complaint was filed claiming the amount under the policy.
3. After notice was served on the opposite party, it engaged an advocate who entered appearance. But no counter was filed setting forth their version.
4. The complainant filed his affidavit and also number of documents showing that he has taken proper care and medication to the birds and also the documents evidencing purchase of birds. He also filed temporary cover note issued by the opposite party and the poultry insurance policy issued by the National Insurance Company.
5. The District Forum relying on the letters issued by the complainant to the Bank and also notice got issued through the advocate for the complainant to the Bank to produce the original of Insurance Policy, came to the conclusion that the complainant's all efforts to secure the original policy to be filed before the District Forum. But as the bank did not give the same, adverse inference cannot be drawn against the complainant. It further held relying on the copy of the poultry insurance policy issued by the National Insurance Company Ltd., in favour of one M/s. Jayalaxmi Poultry Farm in which 'Gumbora' disease was not excluded from the coverage and as in the instant case, the complainant paid the premium at the rate of Rs. 2.50 ps. per bird as is evident from the cover note filed, the District Forum held that in the absence of any material specifically excluding the 'Gumbora disease' opposite party is liable to pay the amount under the policy.
6. In this appeal preferred by the opposite party, it is submitted that the complainant did not produce the original policy before the District Forum and that therefore the District Forum ought to have dismissed his complaint on the ground that he did not adduce any evidence to show that 'Gumbora disease' is covered under the policy. But it is to be seen that the original Policy was with the Bank from which the complainant availed the loan facility. The complainant wrote a letter on 23.4.94 to the State Bank of Hyderabad, of which is xerox copy was filed before the District Forum, and also office copy of the notice dated 2.5.94 sent to the Bank requesting the Bank to issue the original policy and if it is not possible to atleast give a copy of the policy to be filed before the District Forum. The notice was served on the Bank on 3.5.94. But the Bank did not give the documents to the complainant. Thus the complainant made all efforts possible to secure the original or copy of the policy and file it before the District Forum. But due to the reasons beyond his control he could not file. But the complainant filed the policy issued by the National Insurance Company in which a premium was collected at the rate of Rs. 2.50 ps. per bird which covered all diseases and 'Gumbora disease' was not excluded.
7. Having regard to the cover note filed in this case, the complainant paid the premium of Rs. 2.50 ps. per bird. The complainant, therefore, submitted that the normal premium collected was only Rs. 0.50 ps. per layer which excludes the coverage of some diseases including 'Gumbora'. But since the opposite party collected premium at Rs. 2.50 ps. the policy covers all the diseases and does not exclude 'Gumbora disease'. In the absence of any evidence adduced by the opposite party, we are satisfied that the complainant produced before the District Forum all the documents that are in his possession and he could not secure from the Bank, the original policy. We are therefore satisfied that no adverse inference can be drawn against the complainant for not filing the original of the insurance policy. Moreover indisputably the opposite party collected premium at the rate of Rs. 2.50 ps. per bird when compared with the policy issued by the National Insurance Company with regard to poultry and as the opposite party has collected a very high premium, we are satisfied that the policy covered all diseases and did not exclude 'Gumbora disease'.
8. For all the aforesaid reasons, we are satisfied that the District Forum rightly allowed the complaint.
9. In the result, the appeal is dismissed. There shall be no order as to costs.
Appeal dismissed.