Dtd.12.04.2023                                           

COMMON ORDER IN A/588 TO 597/2023

       HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    These are the appeals filed U/s.41 CPA 2019 by OP.3/Agriculture Insurance Co.,/Appellant aggrieved by the order dtd.20.01.2023 passed in CC/199 to 206, 209 & 210/2017 on the file of Ballary District Commission.
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. Accordingly found satisfied to dispense with issuance of appeal notice.
3. The consumer complaints came to be raised by the Complainants against the OPs alleging deficiency in service in rejecting their crop insurance claim. OP.1 & 2/banks except admitting the receipt of insurance premium from the respective Complainants and remitting it to OP.3, denied entire allegations stating that, their part of obligations as to the remittance of the collected insurance premium to OP.3 is fulfilled upon. Whereas, OP.3 contended that, settlement of crop insurance claim is only on the basis of past yield data compiled by the Directorate of Economics and Statistics, Govt., of Karnataka through crop cutting experiments(CCE) and not any other basis such as annavari, declaration of drought etc., As per CCE, since there was no shortfall in yield and OP.3 has already settled the eligible claims as per the declaration sent by Nodal banks and there is no eligible claims to be settled in the area of the Complainants, sought for dismissal of the complaint cases. The District Commission enquired into the matter and proceeded to allow the complaint against OP.3 based on the report of the Directorate of Economics and Statistics, Bengaluru and price index. Further, dismissed the complaint cases against OP.1, 2 & 4 since they are formal parties.
4. It is this order, assailed in this appeal by OP.3 on the same grounds urged in their version before the Commission below. In support of his stand, he produced the decision of Hon’ble National Commission reported in I (2017) CPJ 538 (NC) in the case of Agricultural Insurance Co., of India Ltd., vs. Hem Shankar & Anr., We perused the said decision, wherein held as: “claims under scheme will be settled only on basis of data received from crop cutting experiments and not on any other basis such as declaration of draught etc., order passed by Fora below which are based on figures of damages to crop given by Revenue department cannot be made basis for determining compensation payable to farmers.”

5. Further, we could see that, similar such view is also taken by Hon’ble National Commission in FA/264/2010 in the case of Agriculture Insurance Co., of India vs. Farmer’s Service Co-Op Society ltd., dtd.31.05.2016, so also, in RP/2574/2012 in the case of Agriculture Insurance Co., of India vs. Agriculture Service Co-operative Bank Ltd., & Ors., as to the cases relating to Agricultural Insurance should be dealt with strictly adhering to the provisions of the scheme only, where claims under the scheme will be settled only on the basis of data received from CCEs and not on any other basis such as annavari, declaration of drought etc.,

6. It is made out that, the orders passed by the Commission below which are based on the average yield data report of the Directorate of Economics and Statistics, Bengaluru and price index of the market value of the crops issued by APMC, Ballari cannot be made the basis for determining the compensation payable to the farmers. It is therefore, the Commission below has taken an erroneous view by not placing reliance on the provisions of the scheme under which the farmers were insured.

7. In view of the ratio stated supra, the impugned order does call interference of this Commission.  Thus, in such conclusion matters requires for reconsideration and we proceed to allow all the appeals. Consequently set aside the impugned orders and remanded back all these matters to the Commission below with a direction to decide the case as observed and pass appropriate order in accordance with law as early as possible not later than three months from the date of receipt of this order.

8. The amount in deposit is directed to be transferred to the District Commission for needful. 

9. Notify copy of this Order to the District Commission and parties.

           Lady Member Judicial MemberPresident

*NS*