Citation : 2024 Latest Caselaw 9137 AP
Judgement Date : 3 October, 2024
APHC010422912024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3488]
(Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 22124/2024
Between:
Agriculture Insurance Company Of India Ltd ...PETITIONER
AND
The National Consumer Disputes Redressal Commission ...RESPONDENT(S)
and Others
Counsel for the Petitioner:
1. P MOHAN RAO
Counsel for the Respondent(S):
1. GP FOR AGRICULTURE
2.
The Court made the following Order: (per Hon'ble Sri Justice R. Raghunandan Rao)
The present Writ Petition has been filed against the judgment of the
National Consumer Forum, dated 25.06.2024. The petitioner, who had given
insurance cover against crop failure of mango orchards, had rejected the
claim of the farmers, on the ground that, the said claim was based on an
alleged hailstorm, which had never occurred and the claim was a false claim.
The District Forum, held in favour of the claimants, on the ground that,
the scheme contains various complicated and technical instructions, which
could not have been followed by the farmers. The State Forum, after
considering the material on record, had held that no storm had occurred and
therefore, the claim of the farmers cannot be accepted.
The National Forum relying on the findings of the District Forum had
allowed the Appeals and directed the payment of compensation to the
respondents - farmers.
Prima Facie, the main issue is whether the storm, which affected the
crops of the farmers, has not been considered properly or not.
In these circumstances, there shall be stay of all further proceedings
pursuant to the judgment of the National Consumer Forum, dated 25.06.2024.
The petitioner is permitted to take out personal notice to the 5 th
respondent by RPAD and file proof of service by the next date of hearing.
Post on 22.10.2024.
________________________ R. RAGHUNANDAN RAO, J
______________ HARINATH.N, J KPV
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