By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Party to compensate banana plants which were destroyed in strong wind and heavy rain.

2. The complaint in brief is as follows:- The Complainant is an agriculturists involved in planting banana in the lease land. The banana plantains cultivated by the Complainant were insured covering the period from 30.6.2006 to 30.06.2007. On 22.6.2007 200 plantains destroyed in heavy rain and strong wind which were informed to the 1^st and 2^nd Opposite Parties. The 1^st and 2^nd Opposite Parties inspected the cultivation of the Complainant and report was filed. Instead of reimbursing the loss the 2^nd Opposite Party repudiated the claim of the Complainant. There may be an order directing the Opposite Parties to compensate the Complainant at the rate of Rs.60/- per each banana plant along with cost and compensation.

3. The statement filed by the 1^st Opposite Party is as follows:- The complainant had given a claim to the 1^st Opposite Party to compensate the loss of banana destroyed in heavy rain and storm. The Assistant Manager of the 1^st Opposite Party along with Surveyor of the 2^nd Opposite Party jointly inspected the cultivated area and report was filed. Copy of the claim form submitted to the 2^nd Opposite Party is also attached along with the statements filed by the 1^st Opposite Party.

4. The 2^nd Opposite Party filed version in short it is as follows:- The insurance coverage of the banana plantains cultivated by the Complainant is admitted by the 2^nd Opposite Party. The damages took place on 22.06.2007 as alleged by the Complainant. The harvesting of the crop requires only 10 to 11 months. The banana plants cultivated by the Complainant were fully grown for crop in the events any loss to the Complainant, it would have been due to the lack of care and protection of the crops. The number of banana plantains which alleged as lost is not exact and is not admitted. The Complainant is with the intention to draw money from the Opposite Party illegally. The claim of the Complainant was repudiated on sufficient reasons.

5. The points in consideration are:-

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

2. Relief and cost.

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

7. The case of the Complainant is that the claim of the Complainant to compensate the destruction of banana which comes 200 in numbers are to be compensated though report was filed by the 1^st Opposite Party along with the report of the Surveyor of the insurer. The claim form forwarded to the 2^nd Opposite Party is endorsed by the Surveyor of the insurer Dr. Janardhanan. The loss of banana plantains estimated is 161 in number and they are bunched. From the documents produced it is seen that the insurer was informed in time and the statement of the 1^st Opposite Party is also confirming the same. The repudiation of the claim was not on sufficient reason. The crop is insured from 30.06.2006 to 30.06.2007. The information on the loss of crop was on 23.06.2007. The insurance coverage is only up to 30.06.2007 according to the Complainant. The destruction of the crop was on 23.06.2007 that means 7 days prior to the completion of insurance coverage. There is nothing to disbelieve that the bananas were fully grown for harvesting by a period of 12 months. The Complainant could have harvested the crop though met in destruction. How ever the destruction was reported by the proposal implementing agency and Surveyor of the insurer. The nominal amount to be compensated the Complainant by the insurer, since the coverage of the scheme persists at the time destruction of the crop. According to the report of the VFPCK 161 bunched banana plantains which were nearing 12 months age met in destruction due to heavy rain and strong wind, each plantains are to be given the compensation of Rs. 15/- per each plantain. The 1^st Opposite party is only an implementing agency and they are absolved from the liability.

In the result the complaint is partly allowed. The 2^nd Opposite Party is directed to reimburse the loss of the Complainant with Rs.15/- per each banana plantains that is Rs.2,415/- (Rupees Two thousand Four hundred and Fifteen only) is to be given to the Complainant to reimburse the loss of 161 bunched banana plantains which lost in natural calamity. This is to be complied by the 2^nd Opposite Party within one month from the date of receipt of this order.

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

Date of filing: 02.01.2010

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Lijoy Complainant.

Witness for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1. Copy of Claim Form. dt:25.06.2007

Exhibit for the Opposite Parties:

B1. Copy of Agreement.