State Consumer Disputes Redressal Commission
Shiv Prasad vs I.C.I.C.I. General Insurance Co.Ltd., on 28 January, 2014
CHHATTISGARH STATE
CONSUMER DISPUTES REDRESSAL COMMISSION,
PANDRI, RAIPUR (C.G).
Appeal No.FA/13/04
Instituted on : 02.01.13
Shiv Prasad, S/o: Shri Ajit Kurmi,
R/o: Village - Tirga, Post - Nikum,
Tah.&Dist. DURG (C.G.) ... Appellant.
Vs.
I.C.I.C.I. General Insurance Co. Ltd.,
Through: Claim Manager,
Add.: Station Road, Above Indore Bank, Durg,
Tah.&Dist. DURG (C.G.) ... Respondent.
PRESENT: -
HON'BLE JUSTICE SHRI R.S.SHARMA, PRESIDENT
HON'BLE MS. HEENA THAKKAR, MEMBER
COUNSEL FOR THE PARTIES: -
Shri R.K.Bhawnani, Advocate for the appellant.
Shri P.K.Paul, Advocate for the respondent.
ORDER
Dated: 28/01/2014 PER :- HON'BLE JUSTICE SHRI R.S.SHARMA, PRESIDENT. This appeal is directed against the order dated 04.12.2012 passed by District Consumer Disputes Redressal Forum, Durg (henceforth called "District Forum"), in complaint case no.17/2011, whereby the complaint of the appellant herein has been dismissed.
2. The case of the complainant before the District Forum was that for the period between 01.01.2009 to 31.03.2009, crops of wheat of the complainant was insured under Wheat Insurance Policy by the Insurance Company / respondent against climatic variations and it // 2 // was agreed that if the temperature is deviated more than 11 H.D.D. i.e. High Degree Deviation for 6 fortnights, as per the terms of the insurance policy from the benchmark maximum temperature, then the sum, as assured by the Insurance Company, will be payable. Case of the complainant was that he was having insurance policy for 5 units and during the 1st and 2nd fortnight of January, 1st and 2nd fortnight of February and 1st and 2nd fortnight of March 2009, the deviation in temperature was much higher than the minimum of 11 H.D.D. and so the Insurance Company was liable to pay Rs.18,750/- to the complainant, which had failed to pay and the claim preferred by the complainant before the Insurance Company was repudiated by it. The complainant placed reliance upon the report of Regional Meteorological Centre, Nagpur of the Meteorological Department of Government of India, and on the basis of that report averred that there was 153.8 H.D.D. and so the compensation was payable.
3. The Insurance Company refuted the allegation of deficiency in service and averred that as per the MoU executed between the State of Chhattisgarh, Agricultural Department and ICICI Lombard General Insurance Co. Ltd. on 22.10.2008, the insurance cover was provided to the farmers of the State under a special insurance policy against adverse climatic condition. As per the terms of the weather insurance policy, the Authorized Meteorological Centre, National Collateral // 3 // Management Service Ltd. (N.C.M.S.L.), which is having its station at Durg District, provided report regarding temperature variations and as per the report average deviation of temperature recorded by such Centre in different fortnights of January, February and March was less than 11 H.D.D. and so no amount was payable by the Insurance Company. Thus, in repudiating the claim of the complainant, the Insurance Company has not committed any deficiency in service.
4. The complainant earlier also filed consumer complaint No.17/2011 before the District Forum, Durg and the District Forum vide order dated 07.10.2011, allowed the complaint and directed the OP to pay Rs.938/- to the complainant / appellant along with interest @ 7% p.a. from the date of complaint till the date of payment as well as to pay Rs.1,000/- for mental agony and Rs.1,000/- for cost of litigation.
5. The Insurance Company filed appeal No.706/2011 before this Commission. This Commission vide order dated 29.06.2012, allowed the appeal of the Insurance Company and the case has been remanded back to the District Forum with direction that "the impugned order is set aside and the case is remanded back to the District Forum with a direction to take into consideration the affidavit of Dr. Ganesh Ramamurthi and the documents which have been filed by the appellant Insurance Company at the appellate stage as evidence and to // 4 // provide opportunity to the complainant to controvert the newly adduced evidences and then to decide the matter afresh on merits within a period of 60 days."
6. The District Forum after appreciation of affidavit and other documents filed by both parties dismissed the complaint of the complainant vide order dated 04.12.2012, hence this appeal.
7. Shri R.K.Bhawnani, learned counsel for the appellant argued that the order passed by the District Forum suffers from illegality and irregularity. He wrongly believed the report of N.C.M.S.L. The complainant / appellant filed report from Deputy Director General, Regional Meteorological Centre, Nagpur of the Meteorological Department of Government of India, which is more reliable than the report of N.C.M.S.L filed by the Insurance Company. According to reports filed by the complainant / appellant it appears that during 1st and 2nd fortnight of January, February and March 2009, the deviation in temperature was much higher than the prescribed minimum of 11 H.D.D. and so the Insurance Company was liable to pay the compensation mentioned in the respective complaint to the complainant. He further argued that the District Forum wrongly believed the report of N.C.M.S.L. and affidavit of G. Srinivasa Rao. The appellant / complainant was successfully proved his case and he is // 5 // entitled for amount mentioned in the complaint and order passed by learned District Forum is liable to be set aside. During the course of arguments, learned counsel for the appellant / complainant drew our attention towards report of Regional Meteorological Centre, Nagpur of the Meteorological Department of Government of India and also Deviation Chart. On the basis of Deviation Chart, he submits that deviation between prescribed periods was more than 11 H.D.D. and therefore the complainant is entitled for compensation.
8. Shri P.K.Paul, learned counsel for the Insurance Company argued that MoU executed between the State of Chhattisgarh Agriculture Department and I.C.I.C.I. Lombard General Insurance Co. Ltd. on 22.10.2008 and special insurance policy was provided to farmers. He further argued that as per terms of Weather Insurance Policy, National Collateral Management Services Ltd. (NCMSL) was authorized for providing weather data and NCMSL is an independent organization. Its station was situated at Durg district. NCMSL provided report chart regarding temperature variation and according to report chart, temperature variation was between 11 to 31 H.D.D. Therefore, the complainant was not entitled for any compensation and the Insurance Company rightly repudiated the claim of the complainant and the Insurance Company has not committed any deficiency in service.
// 6 //
9. After due appreciation of documents filed by the both parties, learned District Forum by the impugned order dated 04.12.2012, dismissed the complaint of the complainant.
10. Earlier the complaint of the complainant was allowed by the District Forum and then the Insurance Company filed appeal before this Commission and this Commission allowed the appeal of the Insurance Company vide order dated 29.06.2012 and held that the affidavit of Dr. Ganesh Ramamurthi is to be taken into consideration and the documents which have been filed by the appellant Insurance Company at the appellate stage as evidence and to provide opportunity to the complainant to controvert the newly adduced evidences.
11. Dr. Ganesh Ramamurthi is Executive Vice President and Head - T&C & CWIG, NCMSL, Hyderabad. According to the affidavit filed by Dr.Ganesh Ramamurthi, it appears that one agreement was effected between NCMSL and the Insurance Company and according to agreement dated 07.05.2005, NCMSL agreed to collect and provide desired weather data from time to time and NCMSL is an independent organization for providing the collateral and risk management services. According to affidavit of Dr. Ganesh Ramamurthi it appears // 7 // that there is no principal to agent and relationship between NCMSL and the Insurance Company.
12. The Insurance Company filed description of policy of I.C.I.C.I. Lombard General Insurance Co. Ltd. According to the policy, the description was given for District Durg as mentioned below:
ekSle lwpdkad & ,pMhMh ¼mPp va'k fopyu½ dh la[;k tgka ,pMhMh] laj{k.k vof/k ds nkSjku ml i[kokM+s ds csapekdZ rkieku ls izR;sd i[kokM+s ds nSfud vf/kdre rkieku ds vkSlr ls ikWftfVo fopyu dk ;ksx gS-
lIrkg csapekdZ rkieku
¼vf/kdre½oC
tuojh igyk i[kokM+k 28
tuojh nwljk i[kokM+k 29
Qjojh igyk i[kokM+k 31
Qjojh nwljk i[kokM+k 33
ekpZ igyk i[kokM+k 35
ekpZ nwljk i[kokM+k 37
csapekdZ rkieku Lrj gesa mu rkieku Lrjksa ds ckjs esa crkrs gSa ftudh vkids bykds esa lkekU; :Ik ls mEehn dh tkrh gS rFkk rkieku Lrj bu lhekvksa ds vanj jgrs gSa rks flQZ rkieku dh otg ls iSnkokj esa dksbZ gkfu gksus dh laHkkouk de gS bl fLFkfr esa dksbZ eqvkotk ugha fn;k tkrk gS-
nkok Hkqxrku lw= + & 1- nSfud vf/kdre rkieku dk lIrkfgd vkSlr ds csapekdZ rkieku ls fopyuksa dk ;ksxQy fy;k tk,xk-
2- vxj fopyuksa ds ;ksxQy nkok Hkqxrku Lrj ls T;knk gks rks chek/kkjd nkok ikus dk gdnkj gksxk vkSj mls uks'kuy ds xq.kk esa nkos dh jde feysxh-
3- vxj nkos dh jde chek jk'kh ls T;knk gksxh rks mls lEiw.kZ chek jk'kh nkos dh rkSj ij feysxh-
// 8 //
TERMSHEET FOR WEATHER INDEX INSURANCE
Crop Wheat
Reference Weather Station NCMSL: Durg, Gundardehi, Balod, Dhamdha
Index objective To compensate losses of farmers due to excess
Temperature
Index No Of H.D.D. (High Degree deviation) where
H.D.D. is the Sum of Positive deviation from
Avg. of daily maximum temperature of each
fortnight to benchmark temperature of that
fortnight during cover period
Cover period 1-Jan-09 31-Mar-09
Benchmart Tmax
Strike 11 H.D.D. 1st Fortnight of Jan 28
Exit 31 H.D.D. 2nd fortnight of Jan 29
Notional 187.50 Rs/H.D.D. 1st Fortnight of Feb 31
Policy Limit (Rs/acre) 3750 2nd fortnight of Feb 33
1st Fortnight of March 35
2nd Fortnight of March 37
Premium (Rs/acre) 337
Farmer's share of premium (Rs/acre) 63
Settlement Date Thirty days after the data release by IMD and
verified by insurer
Premium inclusive of service tax
13. In the affidavit of Dr. Ganesh Ramamurthi, it has been stated that the NCMSL has installed weather stations at each of 72 districts from 12 states for better data representation of weather at 145 locations in India. List of the districts and the stations was provided by ICICI Lombard General Insurance Co. Ltd. So far as the State of Chhattisgarh is concerned, it has been stated that NCMSL has installed total 15 Weather Stations in the Chhattisgarh at Durg, Kawardha, Raipur Mahasamund, Dhamtari and Rajnandgaon districts and the weather data is based on general meteorological standards. It has also been ensured on behalf of NCMSL that the data collection process is as per the norms given by the relevant professional bodies in India and // 9 // acceptable to Government of India. From the affidavit of Dr. Ganesh Ramamurthi it appears that the Weather Stations have already been established by the NCMSL in Durg District and data regarding that area have been collected in that Weather Station. The Insurance Company filed a Temperature Deviation Chart from the date of January 2009 to March 2009 and differences between January to March for 1st and 2nd fortnight was 10.05oC, which is below from prescribed 11 H.D.D.
14. Learned District Forum observed in paragraph 18 of the impugned order that the report given by Meteorological Department, Raipur was not acceptable because according to the insurance policy, temperature data of NCMSL Durg is available and data provided by NCMSL is relating to Gundardehi, Balod and Dhamdha at Durg District and above report as well as data are more accurate than Meteorological Department, Raipur. Therefore, the data (report) given by NCMSL Durg is reliable and acceptable.
15. In the instant case, affidavit of Dr. Ganesh Ramamurthi is available and Dr. Ganesh Ramamurthi in his affidavit, specifically stated that NCMSL installed Automatic Weather Stations, as per the request of the Insurance Company and weather data was supplied for weather parameters:
// 10 // a. Rainfall b. Minimum temperature c. Maximum Temperature d. Relative Humidity e. Wind Speed And NCMSL provides Weather data to ICICI Lombard General Insurance Co. Ltd. and in Chhattisgarh near about 15 Weather Stations has installed, which are situated at Durg, Kawardha, Raipur, Mahasamund, Dhamtari, Rajnandgaon districts and weather data is based on general metrological standards.
16. According to the affidavit and the insurance policy and circular issued by Agriculture Department of Government of Chhattisgarh it appears that NCMSL was authorized agency for preparing and collecting weather data and NCMSL was an independent organization for providing the collateral and risk management services and there is no principal to agent relationship between NCMSL and ICICI Lombard General Insurance Co. Ltd and looking to the weather data provided by NCMSL, it is more accurate than the Weather Centre of Raipur provided by Regional Meteorological Centre, Nagpur of India, Meteorological Department.
17. This Commission has directed the District Forum that the District Forum is to be decided whether data provided by NCMSL can // 11 // be believed in comparison to the data of Weather Centre of Raipur provided by Regional Meteorological Centre, Nagpur of India, Meteorological Department. District Forum has held that weather data provided by NCMSL is more accurate than Raipur Centre.
18. Learned District Forum elaborately discussed in paragraph 15 to 17 and reached to the conclusion that report of NCMSL is reliable and according to the weather data provided by NCMSL, there is average deviation during the month January 2009 to March 2009, are 10.05oC, which is less than 11 H.D.D. It appears that the deviation in the temperature during the above period was less than 11 H.D.D.
19. Looking to the facts and circumstances of the case, it appears that finding recorded by District Forum is reasonable and does not suffer from any irregularity and illegality. Therefore, the impugned order passed by the District Forum does not call for any interference by this Commission, hence, the appeal filed by the appellant, being devoid of any merits deserves to be and is hereby dismissed. No order as to cost of this appeal.
(Justice R.S.Sharma) (Ms.Heena Thakkar)
President Member
/01/2014 /01/2014