| First Appeal No. A/411/2023 | | ( Date of Filing : 03 Mar 2023 ) | | (Arisen out of Order Dated 31/01/2023 in Case No. Complaint Case No. CC/98/2015 of District Bijapur) |
| | | | 1. Shri Mahadev Siddappa Giranivaddar, | | R/o: Jadar Galli, Ward No: 06, Station Road, Vijayapur. |
| ...........Appellant(s) | |
| Versus | | 1. The Divisional Officer, | | Agricultural Insurance Company of India Ltd.,A.I.C, C/o: Karnataka Pradesh Krishi Samaj 3,No: 18 Nrupathunga Road, Bangalore. | | 2. The Branch Manager, | | Syndicate Bank, S.S. Road, Main Branch,Vijayapur. |
| ...........Respondent(s) |
| | First Appeal No. A/412/2023 | | ( Date of Filing : 03 Mar 2023 ) | | (Arisen out of Order Dated 31/01/2023 in Case No. Complaint Case No. CC/99/2015 of District Bijapur) |
| | | | 1. Shri Mahadev Siddappa Giranivaddar, | | R/o: Jadar Galli, Ward No: 06, Station Road, Vijayapur. |
| ...........Appellant(s) | |
| Versus | | 1. The Divisional Officer, | | Agricultural Insurance Company of India Ltd.,A.I.C, C/o: Karnataka Pradesh Krishi Samaj 3,No: 18 Nrupathunga Road, Bangalore. | | 2. The Branch Manager, | | Syndicate Bank, S.S. Road, Main Branch,Vijayapur. |
| ...........Respondent(s) |
| | First Appeal No. A/413/2023 | | ( Date of Filing : 03 Mar 2023 ) | | (Arisen out of Order Dated 31/01/2023 in Case No. Complaint Case No. CC/100/2015 of District Bijapur) |
| | | | 1. Shri Mahadev Siddappa Giranivaddar, | | R/o: Jadar Galli, Ward No: 06, Station Road, Vijayapur. |
| ...........Appellant(s) | |
| Versus | | 1. The Divisional Officer, | | Agricultural Insurance Company of India Ltd.,A.I.C, C/o: Karnataka Pradesh Krishi Samaj 3,No: 18 Nrupathunga Road, Bangalore. | | 2. The Branch Manager, | | Syndicate Bank, S.S. Road, Main Branch,Vijayapur. |
| ...........Respondent(s) |
| | First Appeal No. A/414/2023 | | ( Date of Filing : 03 Mar 2023 ) | | (Arisen out of Order Dated 31/01/2023 in Case No. CC/9/2016 of District Bijapur) |
| | | | 1. Shri Mahadev Siddappa Giranivaddar, | | R/o: Jadar Galli, Ward No: 06, Station Road, Vijayapur. |
| ...........Appellant(s) | |
| Versus | | 1. The Divisional Officer, | | Agricultural Insurance Company of India Ltd.,A.I.C, C/o: Karnataka Pradesh Krishi Samaj 3,No: 18 Nrupathunga Road, Bangalore. | | 2. The Branch Manager, | | Syndicate Bank, S.S. Road, Main Branch,Vijayapur. | | 3. The Branch Manager | | Primary Agriclture Co Op Bank Baratagi Tq District Vijayapur. |
| ...........Respondent(s) |
|
|
| Final Order / Judgement | Dtd.13.06.2023 COMMON ORDER IN A/411 TO 414/2023 HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT - These are the appeals filed U/s.41 CPA 2019 by Complainant/Appellant aggrieved by the order dtd.31.01.2023 passed in CC/98 to 100/2015, 09/2016 on the file of Bijapura District Commission.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard.
- Complainant by paying prescribed premium, insured the crops grown in his field, is not in dispute.
- Commission below dismissed CC/98/2015 & CC/09/2016 as time barred holding Complainant claiming crop compensation for the year 2007, is unjustifiable, since none of the materials got examined. If any materials available to consider his claim, cannot deprived of him from claiming compensation. Hence delay in filing complaint is condoned. In the result, these matters require for reconsideration for examination of the materials on record and to decide the case on merits.
- Further CC/99 & 100/2015 is also came to be dismissed holding the available documents are not sufficient to grant compensation. Being aggrieved by the said orders, Complainant preferred this appeal on the ground that, Commission below has failed to perceive the documents in right perception, and dismissed the complaints, is against the facts and law which liable to be set aside. On the other hand, learned counsel for Respondents submit 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). Accordingly they have already settled the eligible claims through nodal banks/R2 to individual farmers. Hence sought for dismissal of the appeals.
- In our view, since Complainant has adduced as many as 30 documents in each case, the matters requires for reconsideration. However, it is for the Complainant to produce documents with regard to showing short fall of rain, certified copy of loss of the crops and other related documents in support of his claim in all his 4 complaint cases. Then the Commission below to decide the case applying the principles/provisions envisaged in the National Agriculture Insurance scheme & guidelines, under which the Complainant/farmer was insured. Accordingly, we proceed to allow all these appeals, consequently set aside the order of the Commission below. In the result, all these matters remanded to District Commission with a direction to afford opportunity to both parties to contest their case by adducing evidence if any and decide the cases afresh on merits as observed as early as possible not later than three months from the date of receipt of this order.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial MemberPresident *NS* | |
