Dtd.21.08.2024                                            A/1457/2018

O R D E R

           BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.29.11.2017 passed in CC/38/2017 on the file of Koppala District Forum. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. Now the point that arise for consideration of this Commission would be:

Whether the impugned order dtd.29.11.2017 passed in CC/38/2017 does call for an interference of this Commission for the grounds set out in the appeal memo?

3. Learned counsel for Appellant/OP.1 submits, although District Forum in para 12 at page 20 of the impugned order found Appellant/OP.1 has deposited Rs.16,436/- with OP.2 bank, wrongly held liability to pay compensation to the Complainant is joint and several. In order to substantiate deposit of premium amount of Rs.16,436/- collected from 53 farmers towards insurance coverage for the year 2015,   Ex-B1 is placed which in our view was not considered by the DF and committed grave error in holding  OP.1 had also rendered deficiency in service in not remitting the said premium amount to insurer. In our view, when Rs.16,436/- premium amount in respect of 53 farmers was collected was deposited with OP.2 there end the matter in so far as the OP.1 is concerned and it is OP.2 to remit the said amount to the insurer and when OP.2 had failed to remit the said amount to the insurer/OP.3, it is OP.2  alone has to shoulder the liability,  was not at all considered by the District Commission. In such view of the matter, impugned order needs some modification to that effect and considering the nature of the insurance interest awarded needs to be reduced to 6%. Accordingly we proceed to allow the appeal. Consequently modified the impugned order in the following terms:

OP.2 is directed to pay compensation to the Complainants as held by District Forum along with interest at 6% p.a. from the date of filing of complaint till realisation.

The complaint is hereby dismissed as against OP.1, OPs.3 to 5.

4. The amount in deposit is directed to be transferred to the District Commission for needful.
5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*