Agriculture Insurance Company Of India ... vs The National Consumer Disputes ...
2024 Latest Caselaw 9216 AP

Andhra Pradesh High Court - Amravati

Agriculture Insurance Company Of India ... vs The National Consumer Disputes ... on 4 October, 2024

Author: R. Raghunandan Rao

Bench: R Raghunandan Rao

APHC010427372024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                         [3488]
                           (Special Original Jurisdiction)

                   FRIDAY, THE FOURTH 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: 22138/2024
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:

Notice before admission.

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.

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.

Post on 22.10.2024.

________________________ R. RAGHUNANDAN RAO, J

______________ HARINATH.N, J BSM