Per M.P.Kasar Member                       

1. Complainant states that, complainants husband accidently who was farmer died on 13/12/05 so complainant submitted claim form to the talathi office but according to the complainant opposite party not sanctioned complainants claim and kept pending till today. Complainant is women and illiterate women and do not posses legal knowledge hence delay caused to file present complaint of 11 years 09 months 12 days  so in the interest of delay may be condoned.
2. Opposite party filed say stating in that, complainant failed to substantiate reason for her failure to approach this commission. It is stated that, the Govt.of Maha has filed a case befor National Commission for non payment of claims under this policy by the opposite party in the year 2008 so according to the opposite party the farmers of each village are aware of the litigation.It is stated that. The policy was issued in the year 2005-06 and opposite party has since then closed its accounts so without any concrete reasons delay cannot be condoned. No any evidence about whether complainant had filed any claim to talathi . It is stated that, complainant has clearly not filed any claim with the opposite party so the question of rejecting the claim does not arise according to the opposite party.The claim is time barred hence it be rejected. Heard Advocate of the parties, perused application and reply. To decide application on merit we frame issues as follows :-

Issues

As to Issue No.1 & 2:- No dispute regarding death of complainants husband also no dispute in regard deceased was farmer and complainant is hair of deceased and is also farmer. We occurred complainant’s name in 7-12utara which is annexed at page No.19 complaint. No dispute in regard complainant is illiterate women only according to the opposite party maha govt. filed complaint before national commission hence according the opposite party complainant is conversant about the policy. Also no dispute in regard complainant is covered by Farmers Accidental Insurance Policy . Perused judgement passed by Hon’ble State Commission inFirst Appeal No.FA 15/623 vide dated 03/04/18  in the matter of Smt.Kamalavati Suryakant Rane v/s National Insurance Company and otrs .Considering issues related to insurance claim not get to complainant below said admitted policy issued in the year 2005-2006  and issues raised by the opposite party can be decide on merit  so delay caused to file present complaint we are of the opinion that, is condonable in view  of circumstances of complainant and in view of nature of insurance policy i.e.shetakri vyaktigat apghat vima Yojana05-06  & principles of natural justice .we pass order as

                  ORDER

Misc.Application No.19/46 for delay condonation filed by the complainant is hereby allowed below section 24 (2) of Consumer Protection Act 2019 and delay of 11 years 09month12 days is hereby condoned in the interest of justice and no order as to cost. Next date07/07/2022 for admission of complaint.