Karnataka

StateCommission

A/1155/2021

Agriculture Insurance Company of India Limited - Complainant(s)

Versus

Mallikarjuna S/o Shankarappa Barkera - Opp.Party(s)

Vaijyanath S Jalaki

18 Feb 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 18^TH DAY OF FEBRUARY 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal Nos. 1155/2021  to  1159/2021

 

Agriculture Insurance Company of India Ltd. Regional Office, Krishi Bhavana, Bangalore-560001 Rep. by its Manager   Appellant is common in all the cases. (By Sri. Vaijyanath S Jalaki) V/s	……Appellant
Appeal No.1155/2021 1 . Mallikarjuna S/o Shankarappa Barkera 2 . Shankarappa S/o Satyappa Barkera 3 . Ashoka S/o Shankarappa Barkera 4 . Suresha S/o Shankarappa Barkera 5 . Muttappa S/o Ramappa Barkera      All are residents of Hytapura       Taluk Mundaragi, Dist : Gadag 6 . The Deputy Commissioner,      Gadag District, Gadag. 7 . The Branch Manager, KVG Bank, Mevundi Taluk Mundaragi District, Gadag	..…Respondents
Appeal No.1156/2021 1 . Gudadappa S/o Mylarappa Shirola 2 . Vasantappa S/o Yamanappa Nadagoudra 3 . Srikanta S/o Vasantappa Nadagoudra 4 . Shivappa S/o Devappa Meti @ Laddi 5 . Nagappa S/o Devappa Meti @ Laddi      All are residents of Hytapura       Taluk Mundaragi, Dist : Gadag 6 . The Deputy Commissioner      Gadag District, Gadag 7 . The Branch Manager      KVG Bank, Mevundi Taluk      Mundaragi, District Gadag 8 . The Manager, KCC Bank, Mundargi, Dist : Gadag	..…Respondents
Appeal No.1157/2021 1 . Devappa S/o Hanamappa Katagi 2 . Mallesha S/o Devappa Katagi 3 . Mahanteshayya S/o Sidramayya Hiremath 4 . Channappa S/o Basappa Kavaluru 5 . Mallappa S/o Chinnappa Kavaluru      All are residents of Hytapura       Taluk Mundaragi, Dist : Gadag 6 . The Deputy Commissioner      Gadag District, Gadag. 7 . The Branch Manager, KVG Bank, Mevundi Taluk Mundaragi District: Gadag	..…Respondents
Appeal No.1158/2021 1 . Smt. Renawwa W/o Parvatagouda Patila 2 . Smt. Muttawwa W/o Basappa Nadagoudra 3 . Ramanagouda S/o Parvatagouda Patila 4 . Parvatagouda S/o Shivanagouda Patila 5 . Ramappa S/o Fakkirappa Halawagali      All are residents of Hytapura       Taluk Mundaragi, Dist : Gadag 6 . The Deputy Commissioner      Gadag District, Gadag. 7 . The Branch Manager KVG Bank, Mevundi Taluk Mundaragi District Gadag	..…Respondents
Appeal No.1159/2021 1 . Halanagouda S/o Ramanagouda Patila 2 . Smt. Shankrawwa W/o Henmanagouda Patila 3 . Shivappa      S/o Fakirappa Budihala @ Thimmapura 4 . Smt. Shashikala      W/o Virupakshayya Hiremath      All are residents of Hytapura       Taluk Mundaragi, Dist : Gadag 5 . The Deputy Commissioner      Gadag District, Gadag 6 . The Branch Manager KVG Bank, Mevundi Taluk Mundaragi, District Gadag	..…Respondents

C O M M O N   O R D E R

 

Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

These are the appeals filed against the order dated 30.10.2021 passed in Consumer Complaint Nos.140/2019, 188/2020, 1157/2021, 190/2020 and 191/2020 on the file of District Consumer Disputes Redressal Forum, Gadag.

2. Issuance of notice to respondents is dispensed with to avoid delay.
3. It is the case of the complainants that they sowed the Bengalgram and sunflower Rabi crop in 2016-17 in their respective land and insured with AIC for the yield and paid the premium through the Nodal Bank in 2016-17.  The Rabi crop failed due to short fall of rain.  OP No. 1 failed to settle the insurance amount.  Thus, alleging deficiency in service lodged the present complaints seeking direction to OP to pay the maximum insured amount along with costs.
4. The District Forum ordered OP No.1 to pay 75% of the sum assured to complainant/s within one month, failing which to pay 18% interest from the date of complaint till realisation and also ordered to pay Rs.5,000/- compensation and Rs.1,000/- litigation charges.  Complaint against Op Nos. 2 and 3 is dismissed.
5. Being aggrieved by the said order Op No.1/ insurance company is in appeal.
6. Heard the counsel for appellant.  Perused the order.  The District Forum on the objections raised by OP found that there is no evidence to show that complainants have suffered complete loss during 2016-2017 Rabi crop.  Further, found that claim fixed on the crop loss proof produced by Department of agriculture, fixed percentage of loss at 75%.  Accordingly, ordered to pay amount of 75% of sum assured to the complainant, failing which it will carry interest at 18% and also ordered to pay compensation of Rs.5,000/- and Rs.1,000/- litigation cost.
7. As per the criteria the farmer should inform the loss occurred in their fields within 48 hours of the incident to the Department of agriculture or else to the insurance company.  Having noted that the department not educated the farmers as per the scheme, premium said to have been paid by the farmers to the insurance company and also noted that during 2016-17, OP No.2 declared the said villages are hit by draught and it is bounden duty of OPs to visit fields for crop cutting experiments.  Further it is noted loss assessors would be appointed by the insurance company for assessment of loss due to operations of localised risks.  The loss has to be assessed jointly by the loss assessor appointed by the insurer, block level agriculture officer and the concerned farmer.  Though there is no cogent evidence produced regarding loss of crop during the year 2016-17, however, it is the stand of the complainant that crop loss has fixed at 75% of the sum assured.  We do not find any reason to interfere with the order passed.  However, we reduce the rate of interest awarded from 18% to 6%.  Accordingly, the appeal is disposed of at the stage of admission.
8. Amount in deposit is directed to be transferred to the District Forum for needful. 

 

  MEMBER                     JUDICIAL MEMBER              PRESIDENT

 

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