State Consumer Disputes Redressal Commission
National Insurance Co Ltd vs Mahadaling Vaidyanath Swami on 14 November, 2024
1 A/357 to 386/2021
Date of filing :30.06.2021
Date of order :14.11.2024
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION,MUMBAI, BENCH AT AURANGABAD.
1) FIRST APPEAL NO. : 357 OF 2021
IN COMPLAINT CASE NO.: 172 OF 2020
DISTRICT CONSUMER COMMISSION : PARBHANI.
National Insurance Company Appellant
Nagina Ghat road, (Adv.H.A.Patankar)
Gurudwara Chowk, Nanded,
Through its Division Office,
National Insurance Company
At Hazari Chambers, Station road,
Aurangabad 431005
VERSUS
1.Shankar Vyankatrao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
2) FIRST APPEAL NO. : 358 OF 2021 IN COMPLAINT CASE NO.: 173 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Hanuman Vyankatrao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai) 2 A/357 to 386/2021
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
3) FIRST APPEAL NO. : 359 OF 2021 IN COMPLAINT CASE NO.: 174 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Yamunabai Vyankatrao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
4) FIRST APPEAL NO. : 360 OF 2021 IN COMPLAINT CASE NO.: 175 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Madhav Sambhaji Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
5) FIRST APPEAL NO. : 361 OF 2021 3 A/357 to 386/2021 IN COMPLAINT CASE NO.: 176 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Prayagbai Vitthal Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
6) FIRST APPEAL NO. : 362 OF 2021 IN COMPLAINT CASE NO.: 177 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Vitthal Ramrao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
7) FIRST APPEAL NO. : 363 OF 2021 IN COMPLAINT CASE NO.: 178 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, 4 A/357 to 386/2021 National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Shivaji Ganpati Bokare, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
8) FIRST APPEAL NO. : 364 OF 2021 IN COMPLAINT CASE NO.: 179 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Vishwanath Ganpati Bokare, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
9) FIRST APPEAL NO. : 365 OF 2021 IN COMPLAINT CASE NO.: 180 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Yadhav Bhojaji Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai) 5 A/357 to 386/2021
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
10) FIRST APPEAL NO. : 366 OF 2021 IN COMPLAINT CASE NO.: 181 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Sambhaji Ramji Bokare, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
11) FIRST APPEAL NO. : 367 OF 2021 IN COMPLAINT CASE NO.: 182 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Rama Balaji Yerawar, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
6 A/357 to 386/202112) FIRST APPEAL NO. : 368 OF 2021 IN COMPLAINT CASE NO.: 183 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Meena Rajeshwar Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
13) FIRST APPEAL NO. : 369 OF 2021 IN COMPLAINT CASE NO.: 184 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Rajeshwar Nemaji Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
14) FIRST APPEAL NO. : 370 OF 2021 IN COMPLAINT CASE NO.: 185 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, 7 A/357 to 386/2021 Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Vilas Shankar Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
15) FIRST APPEAL NO. : 371 OF 2021 IN COMPLAINT CASE NO.: 186 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Pandurang Babarao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
16) FIRST APPEAL NO. : 372 OF 2021 IN COMPLAINT CASE NO.: 187 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Gomaji Tukaram Dhumale, Respondent No.1 8 A/357 to 386/2021 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
17) FIRST APPEAL NO. : 373 OF 2021 IN COMPLAINT CASE NO.: 188 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Pralhad Ramji Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
18) FIRST APPEAL NO. : 374 OF 2021 IN COMPLAINT CASE NO.: 189 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Bhiwaji Ramrao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
9 A/357 to 386/202119) FIRST APPEAL NO. : 375 OF 2021 IN COMPLAINT CASE NO.: 190 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Gajanan Vitthal Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
20) FIRST APPEAL NO. : 376 OF 2021 IN COMPLAINT CASE NO.: 191 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Nagorao Babarao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
21) FIRST APPEAL NO. : 377 OF 2021 IN COMPLAINT CASE NO.: 192 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, 10 A/357 to 386/2021 Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Kantabai Ramrao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
22) FIRST APPEAL NO. : 378 OF 2021 IN COMPLAINT CASE NO.: 193 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Panchafulabai Nagorao Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
23) FIRST APPEAL NO. : 379 OF 2021 IN COMPLAINT CASE NO.: 194 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Chandu Ramaji Savarate, Respondent No.1 11 A/357 to 386/2021 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
24) FIRST APPEAL NO. : 380 OF 2021 IN COMPLAINT CASE NO.: 195 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Rangnath Ganpati Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
25) FIRST APPEAL NO. : 381 OF 2021 IN COMPLAINT CASE NO.: 196 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Mahadling Vaijnath Swami, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
12 A/357 to 386/202126) FIRST APPEAL NO. : 382 OF 2021 IN COMPLAINT CASE NO.: 197 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Anil Mahadu Gajbhare, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
27) FIRST APPEAL NO. : 383 OF 2021 IN COMPLAINT CASE NO.: 198 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Bramhaji Narayan Gajbhare, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
28) FIRST APPEAL NO. : 384 OF 2021 IN COMPLAINT CASE NO.: 199 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) 13 A/357 to 386/2021 Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Vinod Bramhaji Gajbhare, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
29) FIRST APPEAL NO. : 385 OF 2021 IN COMPLAINT CASE NO.: 200 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS
1. Namdev Thoraji Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
30) FIRST APPEAL NO. : 386 OF 2021 IN COMPLAINT CASE NO.: 201 OF 2020 DISTRICT CONSUMER COMMISSION : PARBHANI. National Insurance Company Appellant Nagina Ghat road, (Adv.H.A.Patankar) Gurudwara Chowk, Nanded, Through its Division Office, National Insurance Company At Hazari Chambers, Station road, Aurangabad 431005 VERSUS 14 A/357 to 386/2021
1. Aabaji Narayan Savarate, Respondent No.1 R/o Aalegaon, Tq. Purna, Dist.Parbhani. (Adv.P.D.Desai)
2. Branch Manager, Respondent No.2. District Central Co-operative Bank, (Adv.Ghute......) Aalegaon, Tq. Purna, Dist.Parbhani.
CORAM : Milind.S.Sonawane, Hon'ble Presiding Member.
Nagesh C.Kumbre, Hon'ble Member.
JUDGMENT (Delivered on 14/11/2024) Per Nagesh C.Kumbre, Hon'ble Member..
All these appeals are arising out of common judgment and order passed by Ld. District Consumer Disputes Redressal Commission, Parbhani, (the 'District Commission' for short) in C.C.No. 172/2020 to 201/2020, dated 05.03.2021 whereby District Commission directed the appellant to pay to respondent no.1 in all cases, an insurance claim to the extent of 50% of the sum insured for Gram and Jawar i.e. 50 % of Rs.24,000/- equal to Rs.12,000/- per hector, and 20 % of the sum insured for the crops of wheat i.e.Rs.6,000/- and Kardai i.e. Rs.4,400/- within the period of 40 days of the receipt of the order else, has to pay interest at the rate of 9 % p.a. on that sum. Further it is also directed that, the appellant shall pay sum of Rs.2,000/- for mental harassment to each of respondent No.1 along with Rs. 2,000/- as the cost of the proceedings.
2. As all these appeals are arising from the common judgment and the questions of 'fact and a law' involved in all of them are identical, we are taking them together for adjudication and passing this common judgment. The appellant here-in is 15 A/357 to 386/2021 the 'insurance company' from whom respondent no.1, who are the farmers/ori. complainant took crop insurance for their respective crops through their bank, which is respondent no 2.
3. As stated above all respondent No.1 in all the appeals are the farmers holding their agricultural land situated in Mauje Aalegaon Tq.Purna, Dist.Parbhani and paid crop insurance premium to the appellant through the bank from whom they had taken the crop loan. i.e. respondent No.2 for their respective crops. The particulars of the above is given in the following table .
Sr.N Name of the complainant / C.C.No. Crop / Size of Premiu Expected Claim
o. farmer. (filed in insured land. m paid. claim amount
District
amount. received.
Commission
)
1 Shankar Vyanketrao 172/2020 Wheat 1 H. 648/- 33,000/- ---
Savarate Kardai 80 R. 17600/-
2 Hanumant Vyanketrao 173/2020 Gram 80 R. 288/- 7880/- 1320/-
Savarate
3 Yamunabai Vyanketrao 174/2020 Jawar 80 R 288/- 15946/- 3254/-
Savarate
4 Madhav Sambhaiji Savarate 175/2020 Gram 1H. 720/- 22350/- 1650/-
Jawar 1 H. 19932/- 4068/-
5 Prayagbai Vitthal Savarate 176/2020 Gram 40 R. 288/- 8940/- 660/-
Jawar 40 R 7973/- 1627/-
6 Vitthal Ramrao Savarate 177/2020 Gram 1 H. 720/- 22350/- 1650/-
Jawar 1 H. 19932/- 4068/-
7 Shivaji Ganpati Bokare 178/2020 Gram 40 R. 288/- 8940/- 660/-
Jawar 40 R 7973/- 1627/-
8 Vishwanath Ganpati 179/2020 Gram 60 R 288/- 13410/- 990/-
Bokare. Jawar 20 R 3986/- 814/-
9 Yadhav Bhojaji Savarate 180/2020 Gram 1H. 40 R 1224/- 31290/- 2310/-
Jawar 2 H. 39865/- 8135/-
10 Sambhaji Ramji Bokare. 181/2020 Gram 60 R. 360/- 13410/- 990/-
Jawar 40 R 7973/- 1627/-
11 Rama Balaji Yerawar. 182/2020 Gram 80R 576/- 17880/- 1320/-
16 A/357 to 386/2021
Jawar 80 R 15946/- 3254/-
12 Meena Rajeshwar Savarate 183/2020 Gram 50r. 324/- 11175/- 825/-
Jawar 40 R 7973/- 1627/-
13 Rajeshwar Nemaji Savarate 184/2020 Gram 1 H. 504/- 22350/- 1650/-
Jawar 40 R 7973/- 1627/-
14 Vilas Shankar Savarate 185/2020 Gram 2 H. 720/- 44700/- 3300/-
Jawar 90 R 17939/- 3661/-
15 Pandurang Babarao 186/2020 Gram 1 H. 504/- 22350/- 1650/-
Savarate Jawar 40 R 7973/- 1627/-
16 Gomaji Tukaram Dhumale. 187/2020 Gram 20 R. 222/- 4470/- 330/-
Jawar 41 R 8985/- 855/-
17 Pralhad Ramji Savarate 188/2020 Gram 40 R. 288/- 8940/- 660/-
Jawar 40 R 7973/- 1627/-
18 Bhiwaji Ramrao Savarate 189/2020 Gram 80 R. 288/- 7880/- 1320/-
19 Gajanan Vitthal Savarate 190/2020 Gram 50 R. 360/- 11175/- 825/-
Jawar 50 R 8746/- 3254/-
20 Nagorao Babarao Savarate 191/2020 Gram 1H. 40R 864/- 31290/- 2310/-
Jawar 1 H. 19932/- 4068/-
21 Kantabai Ramrao Savarate 192/2020 Gram 40R. 720/- 8940/-/- 660/-
Jawar 2 H. 39865/- 8135/-
22 Panchaphulabai Nagorao 193/2020 Gram 60 R 432/- 13410/- 990/-
Savarate Jawar 60 R 11959/- 2441/-
23 Chandu Ramji Savarate 194/2020 Gram 80 R. 648/- 17880/- 1320/-
Jawar 1 H. 19932/- 4068/-
24 Rangnath Ganpati Savarate 195/2020 Gram 20 R. 144/- 4470/- 330/-
Jawar 20 R 3986/- 814/-
25 Mahadling Vaijnath Swami. 196/2020 Gram 1 H. 425/- 22350/- 1650/-
Jawar 18 R 3587/- 733/-
26 Anil Mahadu Gajbhare 197/2020 Gram 40 R. 288/- 8940/- 660/-
Jawar 40 R 7937/- 1627/-
27 Brahmaji Narayan 198/2020 Gram 40 R. 216/- 8940/- 660/-
Gajbhare. Jawar 20 R 3986/- 814/-
28 Vinod Brahmaji Gajbhare. 199/2020 Gram 70R 540/- 15645/- 1155/-
Jawar 80 R 15946/- 3254/-
29 Namdeo Thoraji Savarate 200/2020 Gram 50R 252/- 11175/- 825/-
Jawar 20 R 3986/- 814/-
30 Abaji Narayan Savarate 201/2020 Gram 1 H. 720/- 22350/- 1650/-
Jawar 1 H. 19932/- 4068/-
4. Respondent no.1 in all the appeals holding their
agriculture lands paid the premium for their crop insurance to 17 A/357 to 386/2021 the appellant through their Bank, i.e. respondent no. 2 under the scheme namely 'Pradhan Mantri Fasal Bima Yojana' ('PMFBY' in short). According to respondent No.1, under the said scheme their crops were insured for sum of Rs.24,000/- for Bengal Gram, sum of Rs.24,000/- for Jawar, sum of Rs.30000/- for Wheat and sum of Rs.22,000/- for Kardai. On 12.02.2018 there was tremendous hailstorm in Mauje Aalegaon, Chudawa Area (insured unit / area) insured area, in which their lands are situated. In the said hailstorm their crops damaged to the extent of 100%. They reported the incident to the Talathi of the Circle. The Revenue Department prepared the panchanamas of their respective field. They approached respondent no.2 Bank, for getting their crop insurance. However, in the end appellant deposited meagre sum in to their accounts towards the insurance claim. Being aggrieved thereby they filed consumer complaints (bearing number referred in column no.3 of the table given in para no.3 of this judgment) before the District Commission in which the impugned judgment is passed.
5. The appellant appeared before the District Commission to contest the claims of the respondent No.1. It is contended that, as per the said scheme the insured farmers were under the obligation to report the incident to them within 48 hours of the occurrence of the calamity. None of the respondent no.1 reported the same. In case of 'localised risk' the claims are to be assessed at 'individual farm level' for the insured crops. It is therefore, in the absence of the reporting of the incident, they were denied the opportunity to visit the farm and to get the loss assessed properly. Despite of this fact, they have paid the 18 A/357 to 386/2021 insurance claim to all the respondents on AY-TY formula basis. There has been no deficiency in service committed by them to respondent no.1 in all cases. It is also contended by the appellant that, in some of the cases respondent no.1 shown more land than the land in which they sown the insured crops, so as to get more amount.
6. Respondent no.2 Bank took the stand before the District Commission that, the scheme of PMFBY is to be implemented by multiple agencies. Every agency such as State Government, Central Government, Insurance Company, Bank and the farmers are assigned a particular role to perform in the implementation of it. According to the operational guidelines of the scheme, it is the duty of the Bank to receive the premium along with all the necessary documents regarding the insured land and transmit it to the insurance company. They have played their role accordingly. They have not committed any deficiency in service towards respondent no.1.
7. The District Commission on evaluating the evidence before it and after hearing both the parties before it and drawn the conclusion that, the 'insured event' which caused damage to the crops of respondent no.1 is the 'hailstorm'. The hailstorm was so wide spread and its magnitude was such that, there was total loss of the insured crops. In the said hailstorm there was loss of life of the animals as well as one human life in the vicinity. As per the scheme of PMFBY the insurance claim payable was not on the basis of formula of AY-TY, but it was mandated to be given on the basis of maximum sum insured for the insured crop of Bengal gram and Jawar which is 19 A/357 to 386/2021 Rs.24,000/- for each of them per hector and Rs.30,000/- for Wheat, and RS.22,000/- for Kardai per hector each. The insurance company could have used the panchanamas prepared by the Revenue Department to assess the loss. Though the incident has not been reported to the appellants but the same was within the knowledge of its officers, but they did not take the necessary action. In such circumstances the District Commission found that the appellant was deficient in service and directed to pay the appellant an insurance claim to respondent no.1, who have paid their insurance premium for the respective crop, to the extent as has been mentioned in para no. 1 of this judgment along with compensation for mental and physical harassment and cost of the proceedings.
8. Adv.Patankar for the appellant submitted that, the District Commission not appreciated the fact that respondent no.1 farmers received the amount towards the loss of the crop as per the operational guidelines of PMFBY as per AY-TY formula. It also completely ignored the fact that, the appellant paid the insurance claim within the four corners of the terms and the conditions of the scheme. Respondent no.1 was under a duty to report the incident of hailstorm either to them or Bank or Agricultural Department or Revenue Department within 48 hours of the occurrence. This aspect has also been not properly appreciated by the District Commission and passed the impugned judgment. It is not sustainable in the eyes of the law. It may kindly be quashed and set aside.
9. On the other hand it is submitted by Adv. Desai for respondent no.1 in all cases that, there is no error or infirmity 20 A/357 to 386/2021 in the impugned judgment. The ld. District Commission rightly appreciated the fact that, the insured event of hailstorm was of such magnitude that, every agency of the PMFBY was aware about the loss. Respondent no.1 farmers informed the incident to the revenue authorities. The revenue authorities also conducted the panchanamas of the same. There was total loss of the insured crops and therefore, the ld. District Commission rightly concluded that, the insurance claim payable was Rs.24,000/- per hector, which is the sum insured under the scheme for Gram and Jawar each and Rs.30000/- for wheat, Rs.22,000/- for Kardai per hector. In fact, the District Commission in all cases considered the aspect that, since all respondent no.1 in each case has received certain insurance amount and also the exgratia amount from the Government for the hailstorm and granted only 50 % of the sum insured per hector for Gram and Jawar and 20% for of sum insured for Wheat and Kardai. The order of the District Commission is well balanced and does not require any interference by this Commission.
10. We agree with the above submissions of Adv.Desai of respondent no.1. On perusal of the Government Notification dated 17.11.2017 of the Maharashtra Government pertaining to the implementation of PMFBY for the Rubbi season of 2017 - 2018 it is noticed that, under Clause no.10 there are 5 insured events under which, there is different procedure for assessing the loss and paying the insurance claim. Those insured events can be briefly understood and explained as follows.
1. Standing crops (sowing to harvesting) :
21 A/357 to 386/2021Under this head on crop cutting experiment, if at the end of the agriculture season average yield of insured crop per hector in any insured area is found to be less than threshold yield, then the insurance claim payable shall be paid as per the following formula.
Threshold Yield - Current Average Yield Compensation = ------------------------------------------- X Sum Insured.
Threshold Yield
2. Prevented sowing / planting risk:
Under this category, if due to flood, gap in the spells in rain fall, draught, the expected yield is likely to be 50 % less than threshold yield then compensation payable would be arrived at by following formula.
Threshold yield - Expected yield Compensation = ------------------------------------- X Sum Insured X 25 % Insured yield
3. Mid season adversity :
Under this category, if due to adverse weather conditions there cannot be growing out of the plants from the seeds or due to similar other reasons, there is no sowing of the seeds or growing out of them to the extent of more than 75 % of the insured field, the Collector of the District to fix expected percentage of the affected area in the insured unit and thereupon compensation to the extent of 25 % of sum insured would be payable.
4. Post harvesting loss:
Under this category, if due to cyclone or unseasonal rain there is a loss or damage to the agricultural produce 22 A/357 to 386/2021 after harvesting, the compensation would be payable on the basis of actual panchanama of the damage and to the extent of sum insured per hector.
5. Localised calamity / risk:
Under this category if there is damage to the crop insured due to running water through the field, hailstorm or landslide, the compensation would be payable to the extent of damage percentage. If there is 100 % damage to the crop insured then the compensation payable would be to the extent of sum insured per hector.
11. In the present case the insured event is of hailstorm, which comes under the category no.5 of the said notification. In Clause no. 10.5 it has been stipulated that, if there is a loss of insured crop due to hailstorm, the insurance claim is to be assessed on the individual level by doing the panchanama of the field. It is also provided that the insured event is to be informed to the insurance company within 48 hours of the occurrence. Most importantly under this category the maximum claim liability of the insurance company will be the sum insured, especially when there is 100 % loss to the insured crop. Therefore, when in the hailstorm there has been 100 % loss reported by the Revenue Authorities to the insured farmers, the loss ought to have been assessed by the appellant under category No. 5 of the insured events and in a manner referred to above instead of AY-TY formula which is applicable to other categories. So far as the aspect of the intimation of the loss within 48 hours to the appellant is concerned, we do not found any unreasonableness in the finding of the District 23 A/357 to 386/2021 Commission that, the magnitude of the insured event was so big that, it was in public domain, ought to have been noticed by the appellant. We remark that appellant's liability is certainly different in crop insurance under PMFBY, than any other life, health, vehicle, or commercial insurance. The Revenue and Agricultural Authorities, who are the components of the implementation of PMFBY along with the appellants were rushed to the spot prepared the panchanamas, but it is hard to digest that, the insurance company like the appellant was unaware about it. It is to be noticed that, as per the above referred Government Notification the insurance company is bound to setup their office in every Taluka. In this background we do not think that, the conditions of intimation of the insured event within 48 hours to the appellant has much significance, especially when the hailstorm was wide spread affecting large number of insured farmers. We do not think that there is any error or infirmity in the impugned judgment, which warrants our interference. Therefore, the impugned judgment is liable to be confirmed and all the appeals are liable to be dismissed. In the facts and the circumstances of the case it will be just to direct the appellant to pay to each of respondent no.1 sum of Rs.2,000/- as the cost of this proceedings. Hence, we pass the following order.
ORDER
1. All the appeals are hereby dismissed.
2. The impugned judgment and order is hereby confirmed.
3. The appellant is directed to pay to each of respondent no.1 sum of Rs.2,000/- as a cost of the proceedings.24 A/357 to 386/2021
4. Original copy of this judgment shall be kept in FA/357/2021 and the certified copy be kept in all other files.
5. Copy of this judgment shall be furnished both sides free of cost.
N.C.Kumbre M.S.Sonawane Member Presiding Member UNK