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FORUM AT TUMKUR
C.C.106 /2008
Nature of Case:- The case is one for claim of insured amount of Rs 40,000-
00 with interest at 18% from 21-12-2006 by way of damages and deficiency
of service till the realization for the loss aroused due to crop failure in
the insured land wherein crop cultivated.
Claim = 48061-37
As per Highest court Guidelines the liability of R-1, R-2 and R-3 are jointly
and several and both three are liable to compensate complainant with Rs
48061-37 along with interest.
In Case before National Consumer Forum Justice M.B. Shah by his order
dated 24-02-2005 in Gujarat State Consumer’S Protection Centre And Anr.
vs General Insurance Corpn. Of India And Ors. It is observed as below
The decision in the matter has its bearing on a large number of poor
farmers, i.e. more than a lakh who were the victims of a natural calamity −
drought, in a drought prone area. Despite the admitted fact that because of
drought there was crop failure, the sum assured was not paid, the Primary
Agricultural Credit Cooperative Societies and the nodal agencies accepted
whatever the reduced assured sum paid by the G.I.C. Helpless poor
indebted agriculturists could not raise their voice and approach the
adjudicating authorities individually by filing separate complaints or suits
for redressal of their grievances and for recovering small amounts varying
from Rs.1,000/− to Rs.3,000/−.
The main object of the scheme was for providing financial support to
farmers in the event of crop failure as a result of drought, flood etc. and to
support and stimulate production of cereals, pulses and oil seeds.
“In any case, for such mistakes or irregularities assured farmer is not
responsible. If Government wants to penalise, it may penalise the Primary
Agricultural Credit Cooperative Society or the nodal Society − the district
level society, but it cannot penalise the farmer by reducing the sum assured,
which is meant for his benefit. Poor farmer who has suffered the natural
calamity cannot be made to suffer further for the mistakes or irregularities
committed by the office bearers of the Society or some other farmers.”
Date: 30-12-2009
Place: Tumkur Advocate for Complainant