Dtd.09.11.2022                                            A/2158/2022

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.41 of CPA 2019 by OP.1/Appellant aggrieved by the order dtd.06.09.2022 passed in CC/739/2018 on the file of Belagavi District Commission.
2. The Commission examined grounds of appeal, impugned order and heard the learned counsel. Accordingly found satisfied to dispense with issuance of appeal notice to avoid further delay.
3. Learned counsel submits that Commission below had shown sympathy to fix liability on Appellant believing the version of the Complainant that he has not received any yield and on the basis of crop cutting experiments conducted in K.B.Chandragi area regarding Jower crop and not in respect of the land in which the Complainant insured the crop in an area of 15.50hetrs. Learned counsel admits that sum assured was Rs.1,78,250/-. The Commission below awarded 80% of the assured amount and awarded Rs.3,000/- towards cost of litigation.
4. It is to be noted herein that Appellant/OP.1 has undertaken to pay crop loss due to short of water. OP.1 admitted that insurance amount is settled to neighbouring farmers on such loss of crop. Thus considering all these aspects of the matter, Commission below rightly allowed the complaint. It is also found from the impugned order as per Ex-P8/endorsement given by the Joint Director of Agriculture (Insurance) for RTI reply in respect of information of jower and other crops for the year 2015-16 of Ramdurg Taluk, wherein K.Chandragi hobli finds a place in the list. Admittedly, OP.1 settled the insurance amount to neighbouring area farmers, was rightly considered to settle the loss of yield of jower crop, but awarding to the extent of 80% has to be held on higher side. It is submitted by the learned counsel for the Appellant that no documents placed as to how much yield Complainant received. In such circumstances, it would be just and proper to hold that the Complainant is entitle for Rs.90,000/-. Accordingly Commission proceed to allow the appeal in part and impugned order stands modified directing OP.1 to pay Rs.90,000/- along with interest at 6% p.a. from the date of complaint till realisation and do pay Rs.3,000/- as cost of litigation within 60 days from the date of this order. The complaint as against OP.2 is dismissed.
5. The amount in deposit is directed to be transferred to the District Commission to pay in favour of the Complainant to the extent of entitlements with proper identification by his advocate.
6. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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