By Sri. K. Gheevarghese, President:
 

The complaint filed is against the 1^st and 2^nd Opposite Parties for the insured sum on the loss of plantains in natural calamity.

2.The complaint in brief is as follows:- The Complainant is an agriculturist planting banana plantains on the lease land availing loan from North Malabar Gramine bank. The bananas 500 in numbers were insured remitting the premium of Rs.2.80 per plant and the period of coverage extents to 30.06.2006 to 30.06.2007. On 22.06.2007 400 plants were destroyed in strong wind and heavy rain. The Complainant informed the Opposite Party of the damages in time and the 1^st and 2^nd Opposite Parties jointly conducted an inspection. Whereas without reimbursing the damages the claim of the Complainant was repudiated on flimsy grounds. There may be an order directing the Opposite Party to compensate the Complainant with the insured sum of Rs 60/- per each. The complainant had total number 331 plantains which destroyed in natural calamity. The Complainant is also to be compensated with Rs. 5,000/- towards hardships and losses along with cost.

3. The complainant filed I.A No.128/2010 to condone the delay of 25 days in filing the complaint, the petition is allowed and the notice was sent to the Opposite Parties.

4. The 1^st Opposite Party filed version in short it is as follows:- The Complainant already insured 400 plantains remitting the premium. The cultivation of the Complainant met the

destruction on 22.06.2007. The site was inspected with Surveyor of the 2^nd Opposite Party and

the Assistant Manager of the 1^st Opposite Party. On inspection it was noted that 331 bunched bananas were destroyed in strong wind and heavy rain. The 1^st Opposite Party produced the copy of the claim form endorsed by the surveyor of the 2^nd Opposite Party.

5. The 2^nd Opposite Party filed version in brief it is as follows:- The claim of the Complainant that the plantains were insured by the 2^nd Opposite Party which were promoted by the 1^st opposite party, is admitted. According to the Complainant the destruction of crop had taken place on 22.06.2007 in natural calamity. The crops were fully grown up as a matter of fact 'Nendra' banana requires 10 to 11months to reach full growth of bunch. The plantains which alleged to be destroyed had grown more than 11 months if the crops were sufficiently maintained it would have cropped. The claim of the complainant was to be informed to the 2^nd Opposite Party by the 1^st Opposite party. In this case the 1^st Opposite Party has not intimated this Opposite Party the Complainant is not entitled for any damages and hence it is to be dismissed with cost.

6. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

7. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant. Ext.A1, B1 to B3 are the documents produced in this case. The oral testimony of the Complainant is also tendered in this case.

8. The allegation of the Complainant is that the banana plantains were insured by the 2^nd Opposite party and the 1^st Opposite Party was the implementing agency of the scheme. Ext.B2 is

the claim form forwarded to the 2^nd Opposite Party dated 25.06.2007. The number of plantains which got destroyed in heavy rain and strong wind were 331. The date of destruction was on 22.06.2007 which means 8 days prior to the completion of coverage of insurance. The Complainant also deposed that 100 bunches in good quality were sold. There is nothing to disbelieve that the plantains were not fully grown up about to be reaped. According to the terms of policy the bunched 'Nendra' plantains if get destroyed. Rs. 60/- is to be given to each plantains deducting salvage value of Rs. 10/-. In this case the plantains are considered to be fully grown up having only a shortage of 8 days to end the period of insurance coverage. The Complainant is to be compensated with proportionate sum for the loss of banana plantains which met destruction. Considering the strength of the evidence and documents the Complainant is to be given Rs. 15/- for each plant. The 1^st Opposite party is only an implementing agency of the claim and they are absolved from further liability.

In the result, the complaint is partly allowed. The 2^nd Opposite Party is directed to give the Complainant Rs. 4,965/- (Rupees Four thousand Nine hundred and Sixty Five only) as insured sum counting 331 bunched bananas get destroyed and for each bunched plantains Rs.15/- is to be given. This is to be complied by the 2^nd Opposite Party within one month from the date of receipt of this order. No order as to cost.

Pronounced in open Forum on this the day of 28^th September 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Joseph T.J. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1. Copy of the Claim Form.

Exhibits for the Opposite Parties:

B1 Copy of Agreement.

B2. Claim Form. dt:25.06.2007.

B3. Claim Repudiation Letter. dt:07.12.2007.